Crime and Courts Act 2013

2013 CHAPTER 22

An Act to establish, and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, administration, proceedings and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and driving; and for connected purposes.

[25th April 2013]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1The National Crime Agency

The NCA and its officers

1The National Crime Agency

(1)A National Crime Agency, consisting of the NCA officers, is to be formed.

(2)The NCA is to be under the direction and control of one of the NCA officers, who is to be known as the Director General of the National Crime Agency.

(3)The NCA is to have—

(a)the functions conferred by this section;

(b)the functions conferred by the Proceeds of Crime Act 2002; and

(c)the other functions conferred by this Act and by other enactments.

(4)The NCA is to have the function (the “crime-reduction function”) of securing that efficient and effective activities to combat organised crime and serious crime are carried out (whether by the NCA, other law enforcement agencies, or other persons).

(5)The NCA is to have the function (the “criminal intelligence function”) of gathering, storing, processing, analysing, and disseminating information that is relevant to any of the following—

(a)activities to combat organised crime or serious crime;

(b)activities to combat any other kind of crime;

(c)exploitation proceeds investigations (within the meaning of section 341(5) of the Proceeds of Crime Act 2002), exploitation proceeds orders (within the meaning of Part 7 of the Coroners and Justice Act 2009), and applications for such orders.

(6)The NCA must discharge the crime-reduction function in the following ways (in particular).

(7)The first way is by the NCA itself—

(a)preventing and detecting organised crime and serious crime,

(b)investigating offences relating to organised crime or serious crime, and

(c)otherwise carrying out activities to combat organised crime and serious crime, including by instituting criminal proceedings in England and Wales and Northern Ireland.

(8)The second way is by the NCA securing that activities to combat organised crime or serious crime are carried out by persons other than the NCA.

(9)The third way is by the NCA securing improvements—

(a)in co-operation between persons who carry out activities to combat organised crime or serious crime, and

(11)In this Part, a reference to activities to combat crime (or a particular kind of crime, such as organised crime or serious crime) is a reference to—

(a)the prevention and detection of crime (or that kind of crime),

(b)the investigation and prosecution of offences (or offences relating to that kind of crime),

(c)the reduction of crime (or that kind of crime) in other ways, and

(d)the mitigation of the consequences of crime (or that kind of crime);

and references to the carrying out of activities to combat crime (or a particular kind of crime) are to be construed accordingly.

(12)Schedule 1 (the NCA & NCA officers) has effect.

2Modification of NCA functions

(1)The Secretary of State may, by order, make—

(a)provision about NCA counter-terrorism functions (and, in particular, may make provision conferring, removing, or otherwise modifying such functions); and

(b)other provision which the Secretary of State considers necessary in consequence of provision made under paragraph (a) (and, in particular, may make provision about the functions of any person other than the NCA, including provision conferring or otherwise modifying, but not removing, such functions).

(2)If an order under this section confers an NCA counter-terrorism function, an NCA officer may only carry out activities in Northern Ireland for the purpose of the discharge of the function if the NCA officer does so with the agreement of the Chief Constable of the Police Service of Northern Ireland.

(3)That includes cases where an order under this section confers an NCA counter-terrorism function by the modification of a function.

(4)An order under this section may amend or otherwise modify this Act or any other enactment.

(5)An order under this section is subject to the super-affirmative procedure (see section 58 and Schedule 23).

(6)In this section “NCA counter-terrorism function” means an NCA function relating to terrorism (and for this purpose “terrorism” has the same meaning as in the Terrorism Act 2000 — see section 1 of that Act).

3Strategic priorities

(1)The Secretary of the State must determine strategic priorities for the NCA.

(2)In determining strategic priorities for the NCA (including deciding whether there should be such priorities), the Secretary of State must consult—

(a)the strategic partners,

(b)the Director General, and

(c)any other persons whom the Secretary of State considers it is appropriate to consult.

4Operations

(1)The Director General has (by virtue of the function of direction and control of the NCA) the power to decide—

(3)Before the beginning of each financial year, the Director General must issue a document (the “annual plan”) setting out how the Director General intends that NCA functions are to be exercised during that year (including how they are to be exercised in Scotland and Northern Ireland).

(4)The annual plan for a financial year must include—

(a)a statement of any strategic priorities for the NCA,

(b)a statement of the operational priorities for the NCA, and

(c)in relation to each of the strategic and operational priorities, an explanation of how the Director General intends that the priority will be given effect to.

(5)The Director General must determine operational priorities for the NCA; and those priorities may relate—

(a)to matters to which current strategic priorities also relate, or

(b)to other matters;

but operational priorities must, in any event, be framed so as to be consistent with the current strategic priorities.

(6)In preparing any annual plan, the Director General must consult—

(a)the strategic partners, and

(b)any other persons whom the Director General considers it is appropriate to consult.

(a)may be made only if the person making it considers that performance of the task would assist that person — or, in a case where that person is the chief officer of a police force, would assist that person or police force — to exercise functions;

(b)must explain how performance of the requested task would so assist the exercise of functions.

(5)The Director General may direct any of the following persons to perform a task specified in the direction—

(a)the chief officer of an England and Wales police force;

(b)the Chief Constable of the British Transport Police.

(6)The Director General may give a direction under subsection (5) only if the Director General considers that—

(a)performance of the task would assist the NCA to exercise functions;

(b)it is expedient for the directed person to perform that task; and

(c)satisfactory arrangements cannot be made, or cannot be made in time, under subsection (1).

(7)A person given a direction under this section must comply with it.

(8)If a person is requested or directed under this section to perform a task, the person may comply with that request or direction by securing that the task is performed by another person.

(9)The Director General may give a direction under this section to the Chief Constable of the British Transport Police only if the Secretary of State consents.

(10)Schedule 3 (relationships between NCA and other agencies) has effect.

(11)This section has effect subject to Part 5 (payment for tasks etc) of Schedule 3.

(12)Paragraph 33 of Schedule 3 gives the Secretary of State power to amend this section.

6Duty to publish information

(1)The Director General must—

(a)make arrangements for publishing information about the exercise of NCA functions and other matters relating to the NCA, and

(b)publish information in accordance with those arrangements.

(2)The framework document may impose on the Director General requirements in relation to performance of the duties imposed by subsection (1) (including requirements about what information is not to be published).

(3)The Director General must comply with any such requirements in the framework document (and accordingly the duty in section 4(2)(c) to have regard to that document does not apply in relation to such requirements).

7Information gateways

(1)A person may disclose information to the NCA if the disclosure is made for the purposes of the exercise of any NCA function.

(2)Subsection (1) does not authorise any of the following to disclose information to the NCA—

(a)a person serving in the Security Service;

(b)a person serving in the Secret Intelligence Service;

(c)a person serving in GCHQ;

but this does not affect the disclosures which such a person may make to the NCA in accordance with intelligence service disclosure arrangements.

(3)Information obtained by the NCA in connection with the exercise of any NCA functions may be used by the NCA in connection with the exercise of any other NCA function.

(4)An NCA officer may disclose information obtained by the NCA in connection with the exercise of any NCA function if the disclosure is for any permitted purpose.

(5)Subsection (4) authorises an NCA officer to disclose information for the purpose of the exercise of—

(a)the functions of the Lord Advocate under Part 3 of the Proceeds of Crime Act 2002 (“PCA 2002”), or

(b)the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002,

only where the information has been obtained by the NCA in connection with the exercise of a function under PCA 2002 (other than a function under Part 6 of that Act).

(6)Where information has been obtained by the NCA in connection with the exercise of a function under Part 6 of PCA 2002 (revenue functions), subsection (4) does not authorise an NCA officer to disclose the information.

(7)But an NCA officer may disclose the information if the disclosure is—

(a)to the Commissioners for Her Majesty’s Revenue and Customs,

(b)to the Lord Advocate for the purposes of the exercise by the Lord Advocate of the Lord Advocate’s functions under Part 3 of PCA 2002 (confiscation: Scotland),

(c)to any person for purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions, or

(d)to any person for the purposes of compliance with an order of a court or tribunal (whether or not in the United Kingdom).

(8)A disclosure of information which is authorised or required by this Part does not breach—

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

arrangements made by the Director-General of the Security Service under section 2(2)(a) of the Security Service Act 1989 about the disclosure of information by that Service,

(b)

arrangements made by the Chief of the Intelligence Service under section 2(2)(a) of the Intelligence Services Act 1994 about the disclosure of information by that Service, or

(c)

arrangements made by the Director of GCHQ under section 4(2)(a) of that Act about the disclosure of information by GCHQ.

8Other functions etc

(1)In section 11 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: England), in subsection (1), after paragraph (i) insert—

“(ia)the National Crime Agency;”.

(2)In section 28 of the Children Act 2004 (arrangements to safeguard and promote welfare of children: Wales), in subsection (1), after paragraph (e) insert—

“(ea)the National Crime Agency;”.

(3)The Director General may provide assistance to—

(a)a government in a country or territory outside the British Islands, or

(b)another overseas body exercising functions of a public nature in a country or territory outside the British Islands,

if the government, or the body, requests assistance to be provided.

(4)If such a request is made, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

(5)Subsection (3) does not apply to any request for assistance which could be made under section 13 of the Crime (International Co-operation) Act 2003, unless the NCA has functions under that section in relation to the request by virtue of an order under section 27(2) of that Act.

(1)The Director General has, in relation to any customs matter, the same powers as the Commissioners for Her Majesty’s Revenue and Customs would have.

(2)The Secretary of State may designate the Director General as a person having one or more of the following—

(a)the powers and privileges of a constable;

(b)the powers of an officer of Revenue and Customs;

(c)the powers of an immigration officer.

(3)The Secretary of State may modify or withdraw a designation of the Director General by giving notice of the modification or withdrawal to the Director General.

(4)Schedule 5 (police, customs and immigration powers) has effect.

(5)If, in accordance with paragraph 4 of Schedule 5, recommendations are made to the Secretary of State as to the operational powers which the Director General should have, the Secretary of State must exercise the powers of designation to give effect to those recommendations (unless the recommendations are already given effect to by a previous exercise of the powers of designation).

(6)The Secretary of State may not exercise the powers of designation unless—

(b)required or otherwise authorised to do so by regulations under paragraph 5 of Schedule 5.

(7)In this section “powers of designation” means the powers conferred by subsections (2) and (3).

(8)In this Part—

“customs matter” means any matter other than—

(a)

a matter to which section 7 of the Commissioners for Revenue and Customs Act 2005 applies (former Inland Revenue matters), or

(b)

any tax or duty not mentioned in Schedule 1 to that Act (which lists such matters);

“operational power” means any of the following—

(a)

a power or privilege of a constable;

(b)

a power of an officer of Revenue and Customs;

(c)

a power of an immigration officer.

10Operational powers of other NCA officers

(1)The Director General may designate any other NCA officer as a person having one or more of the following—

(a)the powers and privileges of a constable;

(b)the powers of an officer of Revenue and Customs;

(c)the powers of an immigration officer.

(2)The Director General may not designate an NCA officer under this section as having particular operational powers unless the Director General is satisfied that the officer—

(a)is capable of effectively exercising those powers;

(b)has received adequate training in respect of the exercise of those powers; and

(c)is otherwise a suitable person to exercise those powers.

(3)The Director General may modify or withdraw a designation of an NCA officer by giving notice of the modification or withdrawal to the officer.

(4)For further provision about designations under this section, see Schedule 5.

General

11Inspections and complaints

(1)Her Majesty’s Inspectors of Constabulary (“HMIC”) must carry out inspections of the NCA.

(2)HMIC must also carry out an inspection of the NCA if requested to do so by the Secretary of State either—

(a)generally, or

(b)in respect of a particular matter.

(3)Following an inspection under this section, HMIC must report to the Secretary of State on the efficiency and effectiveness of the NCA either—

(a)generally, or

(b)in the case of an inspection under subsection (2)(b), in respect of the matter to which the inspection related.

(4)HMIC must carry out such other duties for the purpose of furthering the efficiency and effectiveness of the NCA as the Secretary of State may from time to time direct.

(5)Paragraphs 2 and 5 of Schedule 4A to the Police Act 1996 (inspection programmes and inspection frameworks) apply to functions of inspection and reporting under this section as they apply to other such functions.

(6)In the Police Reform Act 2002, after section 26B insert—

“26CThe National Crime Agency

(1)The Secretary of State must make regulations conferring functions on the Independent Police Complaints Commission in relation to the exercise of functions by the Director General and other National Crime Agency officers.

(2)Regulations under this section may, in particular—

(a)apply (with or without modifications), or make provision similar to, any provision of or made under this Part of this Act;

(b)make provision for payment by the National Crime Agency to, or in respect of, the Independent Police Complaints Commission.

(3)Regulations under this section must relate only to the exercise of functions in, or in relation to, England and Wales.

(4)The Independent Police Complaints Commission and the Parliamentary Commissioner for Administration may jointly investigate a matter in relation to which—

(a)the Independent Police Complaints Commission has functions by virtue of this section, and

(b)the Parliamentary Commissioner for Administration has functions by virtue of the Parliamentary Commissioner Act 1967.

(5)A National Crime Agency officer may disclose information to the Independent Police Complaints Commission, or to a person acting on the Commission’s behalf, for the purposes of the exercise by the Commission, or by any person acting on the Commission’s behalf, of an NCA complaints function.

(6)The Independent Police Complaints Commissioner and the Parliamentary Commissioner for Administration may disclose information to each other for the purposes of the exercise of a function—

(a)by virtue of this section, or

(b)under the Parliamentary Commissioner Act 1967.

(7)Regulations under this section may, in particular, make—

(a)further provision about the disclosure of information under subsection (5) or (6);

(b)provision about the further disclosure of information that has been so disclosed;

including provision which applies (with or without modifications), or is similar to, any provision of Schedule 7 to the Crime and Courts Act 2013.

(8)Except as provided for in regulations under this section, that Schedule to that Act does not apply to—

(a)the disclosure of information under subsection (5) or (6), or

(b)the further disclosure of information so disclosed.

(9)In this section “NCA complaints function” means a function in relation to the exercise of functions by the Director General or any other National Crime Agency officer.”

(7)In the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007, in article 4(4) (agreements to establish complaints procedures)—

(c)in subsection (6), for “member of the staff of the Agency” substitute “National Crime Agency officer”;

(d)omit subsection (7).

(9)Schedule 6 (inspections and complaints) has effect.

12Information: restrictions on disclosure etc

(1)Schedule 7 (information: restrictions on disclosure) has effect.

(2)Schedule 7 applies to disclosures made for the purposes of the criminal intelligence function.

(3)Any duty to disclose information imposed on an NCA officer (including the duty of the Director General under paragraph 4 or 6 of Schedule 3 to disclose information by keeping other persons informed of information obtained by the NCA), and any power of an NCA officer to disclose information, has effect subject to Schedule 7.

13NCA officers with operational powers: labour relations

(1)A person must not induce the Director General or any NCA officer designated under section 10 to withhold (or to continue to withhold) services as an NCA officer.

(2)The duty imposed by subsection (1) is a duty owed to the Secretary of State.

(3)A breach of that duty which causes the Secretary of State to sustain loss or damage is to be actionable, at the Secretary of State’s suit or instance, against the person in breach.

(4)Subsection (3) is without prejudice to the right of the Secretary of State, by virtue of subsections (1) and (2), to bring civil proceedings in respect of any apprehended contravention of subsection (1).

(5)The no-strike provisions must be disregarded in determining for the purposes of any of the relevant employment legislation whether any trade union is an independent trade union.

(6)Nothing in the relevant employment legislation is to affect the rights of the Secretary of State by virtue of the no-strike provisions.

(7)The Secretary of State may, by order, suspend, or later revive, the operation of the no-strike provisions.

14NCA officers with operational powers: pay and allowances

(1)The Secretary of State may, by regulations, provide for the establishment, maintenance and operation of procedures for the determination from time to time of—

(a)the rates of pay and allowances to be applied to the Director General and to NCA officers designated under section 10; and

(b)other associated terms and conditions of employment as the Director General or as an NCA officer designated under section 10.

(2)Regulations under this section may—

(a)provide for determinations with respect to matters to which the regulations relate to be made wholly or partly by reference to such factors, and the opinion or recommendations of such persons, as may be specified or described in the regulations;

(b)authorise the matters considered and determined in pursuance of the regulations to include matters applicable to times and periods before they are considered or determined.

(3)In this section “associated terms and conditions” means such terms and conditions as may appear to the Secretary of State to fall to be determined in association with the determination of rates of pay and allowances.

15Abolition of SOCA and NPIA

(1)The Serious Organised Crime Agency is abolished.

(2)The National Policing Improvement Agency is abolished.

(3)Schedule 8 (abolition of SOCA and NPIA) has effect.

16Interpretation of Part 1

(1)In this Part—

“chief officer” means—

(a)

the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b)

the Commissioner of Police of the Metropolis;

(c)

the Commissioner of Police for the City of London;

(d)

the chief constable of the Police Service of Scotland;

(e)

the Chief Constable of the Police Service of Northern Ireland;

(f)

the chief constable of the British Transport Police;

(g)

the chief constable of the Civil Nuclear Constabulary;

(h)

the chief constable of the Ministry of Defence Police;

“customs revenue official” has the same meaning as in the Borders, Citizenship and Immigration Act 2009 (see section 11 of that Act);

“Director General” means the Director General of the National Crime Agency;

“Director of Border Revenue” means the person designated under section 6 of the Borders, Citizenship and Immigration Act 2009;

any other subordinate legislation (within the meaning of the Interpretation Act 1978);

“England and Wales police force” means—

(a)

a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

(b)

the metropolitan police force;

(c)

the City of London police force;

“functions” means all functions of any description, including powers and duties, whether conferred by an enactment or arising otherwise;

“general customs official” has the same meaning as in Borders, Citizenship and Immigration Act 2009 (see section 3 of that Act);

“Island law enforcement agency” means any person charged with the duty of investigating or prosecuting offences who operates in any of the Channel Islands or in the Isle of Man (apart from an Island police force);

“Island police force” means—

(a)

the States of Jersey Police Force;

(b)

the salaried police force of the Island of Guernsey;

(c)

the Isle of Man Constabulary;

“local policing body” means—

(a)

a police and crime commissioner;

(b)

the Mayor’s Office for Policing and Crime;

(c)

the Common Council of the City of London as police authority for the City of London police area;

“NCA” means the National Crime Agency;

“NCA functions” means—

(a)

functions of the NCA,

(b)

functions of the Director General, and

(c)

functions of other NCA officers;

“NCA officers” means—

(a)

the Director General,

(b)

the other National Crime Agency officers appointed under paragraph 9 of Schedule 1,

(c)

persons who have been seconded to the NCA to serve as National Crime Agency officers under paragraph 13 of Schedule 1 (unless the context otherwise requires), and

(d)

NCA specials;

“permitted purpose” means any of the following purposes—

(a)

the prevention or detection of crime, whether in the United Kingdom or elsewhere;

(b)

the investigation or prosecution of offences, whether in the United Kingdom or elsewhere;

(c)

the prevention, detection or investigation of conduct for which penalties other than criminal penalties are provided under the law of any part of the United Kingdom or the law of any country or territory outside the United Kingdom;

(d)

the exercise of any NCA functions (so far as not falling within any of paragraphs (a) to (c));

(e)

purposes relating to civil proceedings (whether or not in the United Kingdom) which relate to a matter in respect of which the NCA has functions;

(f)

compliance with an order of a court or tribunal (whether or not in the United Kingdom);

(g)

the exercise of any function relating to the provision or operation of the system of accreditation of financial investigators under section 3 of the Proceeds of Crime Act 2002;

(h)

the exercise of any function of the prosecutor under Parts 2, 3 and 4 of the Proceeds of Crime Act 2002;

(i)

the exercise of any function of—

(i)

the Director of Public Prosecutions,

(ii)

the Director of the Serious Fraud Office,

(iii)

the Director of Public Prosecutions for Northern Ireland, or

(iv)

the Scottish Ministers,

under, or in relation, to Part 5 or 8 of the Proceeds of Crime Act 2002;

(j)

the exercise of any function of—

(i)

an officer of Revenue and Customs,

(ii)

a general customs official,

(iii)

a customs revenue official,

(iv)

an immigration officer,

(v)

an accredited financial investigator, or

(vi)

a constable,

under Chapter 3 of Part 5 of the Proceeds of Crime Act 2002;

(k)

investigations or proceedings outside the United Kingdom which have led, or may lead, to the making of an external order (within the meaning of section 447 of the Proceeds of Crime Act 2002);

(l)

the exercise of any function of any intelligence service (within the meaning of the Regulation of Investigatory Powers Act 2000);

(m)

the exercise of any function under—

(i)

Part 2 of the Football Spectators Act 1989, or

(ii)

sections 104 to 106 of the Policing and Crime Act 2009;

(n)

the exercise of any function relating to public health;

(o)

the exercise of any function of the Financial Services Authority;

(p)

the exercise of any function designated by the Secretary of State by order;

but a function may be designated under paragraph (p) only if the function appears to the Secretary of State to be a function of a public nature;

“policing body” means—

(a)

a police and crime commissioner;

(b)

the Mayor’s Office for Policing and Crime;

(c)

the Common Council of the City of London as police authority for the City of London police area;

(d)

the Scottish Police Authority;

(e)

the Northern Ireland Policing Board;

(f)

the British Transport Police Authority;

(g)

the Civil Nuclear Police Authority;

(h)

the Secretary of State, in relation to the Ministry of Defence Police;

“special police force” means—

(a)

the British Transport Police;

(b)

the Civil Nuclear Constabulary;

(c)

the Ministry of Defence Police;

“strategic partners” means—

(a)

the Scottish Ministers;

(b)

the Department of Justice in Northern Ireland;

(c)

such persons as appear to the Secretary of State to represent the views of local policing bodies;

(d)

such persons as appear to the Secretary of State to represent the views of the chief officers of England and Wales police forces;

(e)

the chief constable of the Police Service of Scotland;

(f)

the Chief Constable of the Police Service of Northern Ireland;

(g)

the Commissioners for Her Majesty’s Revenue and Customs;

(h)

the Director of the Serious Fraud Office;

“UK law enforcement agency” means—

(a)

the Commissioners for Her Majesty’s Revenue and Customs;

(b)

the Director of the Serious Fraud Office;

(c)

the Director of Border Revenue;

(d)

the Scottish Administration;

(e)

a Northern Ireland department;

(f)

any other person operating in England, Scotland, Northern Ireland or Wales charged with the duty of investigating or prosecuting offences (apart from a UK police force);

“UK police force” means—

(a)

an England and Wales police force;

(b)

the Police Service of Scotland;

(c)

the Police Service of Northern Ireland;

(d)

a special police force.

(2)In this Part—

(a)a reference to the powers and privileges of a constable is a reference to any powers and privileges of the constable, whether arising under an enactment or otherwise;

(b)a reference to the Police Service of Northern Ireland includes a reference to the Police Service of Northern Ireland Reserve.

(3)In any enactment—

(a)a reference to a National Crime Agency officer is to be construed as a reference to an NCA officer within the meaning of this Part;

(b)a reference to a function of the National Crime Agency is to be construed as a reference to an NCA function within the meaning of this Part (unless the context otherwise requires).

(4)Definitions of the following terms used in this Part, or other provision relating to the meanings of such terms, are contained in the provisions (outside this section) which are indicated.

Part 2Courts and Justice

Administration of justice

17Civil and family proceedings in England and Wales

“The county court

A1Establishment of a single county court

(1)There is to be a court in England and Wales, called the county court, for the purpose of exercising the jurisdiction and powers conferred on it—

(a)by or under this or any other Act, or

(b)by or under any Act, or Measure, of the National Assembly for Wales.

(2)The county court is to be a court of record and have a seal.”

(2)Sections 1 and 2 of that Act (county courts to be held for districts) are repealed.

(3)In the Matrimonial and Family Proceedings Act 1984 before Part 5 insert—

“Part 4AThe family court

31AEstablishment of the family court

(1)There is to be a court in England and Wales, called the family court, for the purpose of exercising the jurisdiction and powers conferred on it—

(a)by or under this or any other Act, or

(b)by or under any Act, or Measure, of the National Assembly for Wales.

(2)The family court is to be a court of record and have a seal.”

(4)Part 2 of the Children, Schools and Families Act 2010 (family proceedings) is repealed, as are the following related provisions of that Act: Part 2 of each of Schedules 3 and 4; section 29(4); and “, (4)” in section 29(6).

(5)Schedule 9 (amendments in connection with the county court replacing the existing county courts) has effect.

(6)Schedules 10 and 11 (amendments in connection with the establishment of the family court) have effect.

18Youth courts to have jurisdiction to grant gang-related injunctions

(1)Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

(2)In section 49(1) (interpretation of Part 4) for the definition of “court” substitute—

““court” (except in Schedule 5A)—

(a)

in the case of a respondent aged under 18, means a youth court, and

(b)

in any other case, means the High Court or the county court,

but this is subject to any provision in rules of court that is or could be made under section 48(4);”.

(3)In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from “means” to the end substitute “means a judge of the court that granted the injunction, except that where—

(a)the respondent is aged 18 or over, but

(b)the injunction was granted by a youth court,

it means a judge of the county court.”

(4)In section 48 (rules of court in relation to injunctions under Part 4) after subsection (3) insert—

“(4)In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may—

(a)provide for the transfer of the proceedings from a youth court to the High Court or the county court;

(b)prescribe circumstances in which the proceedings may or must remain in a youth court.”

(6)Nothing in any provision of this section or of that Schedule affects proceedings in relation to applications made before the coming into force of that provision.

19Varying designations of authorities responsible for remanded young persons

(1)Section 102 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (where child remanded to youth detention accommodation, court must designate local authority to look after child and meet costs) is amended as follows.

(2)In subsection (7)(a) (authority that already looks after child to be designated) after “being looked after by a local authority” insert “otherwise than by virtue of section 104(1)”.

(3)In subsection (7)(b) (in other cases, court must designate authority for area where child habitually resides or offence committed) for “, the local authority” substitute “but subject to subsection (7B), a local authority”.

(4)After subsection (7) insert—

“(7A)In a case to which subsection (7)(b) applies, the court is to designate a local authority in whose area it appears to the court that the child habitually resides (a “home authority”) except where the court—

(a)considers as respects the home authority, or each home authority, that it is inappropriate to designate that authority, or

(b)is unable to identify any place in England and Wales where the child habitually resides.

(7B)If in a case to which subsection (7)(b) applies—

(a)the court is not required by subsection (7A) to designate a home authority, but

(b)it appears to the court that the offence was not, or none of the offences was, committed in England and Wales,

the court is to designate a local authority which it considers appropriate in the circumstances of the case.”

(5)After subsection (7B) insert—

“(7C)Where a child has been remanded to youth detention accommodation, the court—

(a)which remanded the child, or

(b)to which the child was remanded,

may designate a local authority (“B”) as the designated authority for the child in substitution for the authority previously designated (whether that previous designation was made when the child was remanded or under this subsection).

(7D)Where a child has at any one time been subject to two or more remands to youth detention accommodation, a court which has jurisdiction to make a replacement designation under subsection (7C) in connection with one or some of the remands also has jurisdiction to make such a replacement designation in connection with each of the other remands.

(7E)Where a replacement designation is made under subsection (7C) after the end of the period of remand concerned, the substitution of B for the previously-designated authority has effect only for the purposes of regulations under section 103.

(7F)Where a replacement designation is made under subsection (7C) during the period of remand concerned, the substitution of B for the previously-designated authority—

(a)has effect, as respects the part of that period ending with the making of the replacement designation, only for the purposes of regulations under section 103, and

(b)has effect, as respects the remainder of that period, for all of the purposes listed in subsection (6).

(7G)A court may make a replacement designation under subsection (7C) only if it considers that, had everything it knows been known by the court which made the previous designation, that court would have designated B instead.

(7H)Where a replacement designation is made under subsection (7C) in relation to a remand, the previously-designated authority is to be repaid any sums it paid in respect of the remand pursuant to regulations under section 103.

(7J)A court which has jurisdiction to make a replacement direction under subsection (7C) may exercise that jurisdiction on an application by a local authority or of its own motion.”

(6)A replacement designation under the new section 102(7C) may be made in respect of a remand ordered before this section comes into force, and the amendments made by this section have effect for the purpose of making a replacement designation in any such case; but, in such a case, the substitution of B for the previously-designated authority (and any entitlement to repayment under new section 102(7H)) does not have effect as respects any time before this section comes into force.

(7)Except as provided by subsection (6), the amendments made by this section have effect only in relation to remands ordered after this section comes into force.

20Judicial appointments

Schedule 13 has effect. In that Schedule—

Part 1 provides for there to be no more than the equivalent of 12 full-time judges of the Supreme Court, rather than exactly 12 judges, and makes provision about their selection,

Part 2 contains provisions to facilitate greater diversity among judges,

Part 3 amends provisions about membership of the Judicial Appointments Commission,

makes provision about selection for certain judicial appointments, and

(b)

provides for the transfer, from the Lord Chancellor to the Lord Chief Justice or the Senior President of Tribunals, of functions in connection with selection for and appointment to judicial offices,

Part 5 amends the selection procedure for certain senior judicial appointments until Part 4 of the Schedule is in force,

Part 6 makes provision for the exercise of certain functions where the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division or the Chancellor of the High Court is incapable of exercising the functions or one of those offices is vacant, and

Part 7 abolishes the office of assistant Recorder.

21Deployment of the judiciary

(1)The Lord Chief Justice’s deployment responsibility includes (so far as it would not otherwise do so, and subject to having regard to the responsibilities of the Senior President of Tribunals) responsibility for the maintenance of appropriate arrangements for—

(a)the deployment to tribunals of judiciary deployable to tribunals, and

(b)the deployment to courts in England and Wales of judiciary deployable to such courts.

(2)In subsection (1) “the Lord Chief Justice’s deployment responsibility” means the responsibility that the Lord Chief Justice of England and Wales, as President of the Courts of England and Wales, has under section 7(2)(c) of the Constitutional Reform Act 2005 for the maintenance of appropriate arrangements for the deployment of the judiciary of England and Wales.

(3)Each of the following is a tribunal for the purposes of subsection (1)(a)—

the Upper Tribunal,

the First-tier Tribunal,

the Employment Appeal Tribunal, and

an employment tribunal in England and Wales.

(4)Schedule 14 (which makes provision for deployment of judiciary to courts and tribunals, and updates references to chairmen of employment tribunals following their being renamed as Employment Judges) has effect.

22Transfer of immigration or nationality judicial review applications

(1)In section 31A of the Senior Courts Act 1981 (transfer from the High Court to the Upper Tribunal)—

(a)in subsection (2), for “, 3 and 4” substitute “and 3”,

(b)omit subsection (2A),

(c)in subsection (3), for “, 2 and 4” substitute “and 2”, and

(d)omit subsections (7) and (8).

(2)In section 20 of the Tribunals, Courts and Enforcement Act 2007 (transfer from the Court of Session to the Upper Tribunal)—

(3)In section 25A of the Judicature (Northern Ireland) Act 1978 (transfer from the High Court to the Upper Tribunal)—

(a)in subsection (2), for “, 3 and 4” substitute “and 3”,

(b)omit subsection (2A),

(c)in subsection (3), for “, 2 and 4” substitute “and 2”, and

(d)omit subsections (7) and (8).

(4)In consequence of the amendments made by subsections (1) to (3), section 53 of the Borders, Citizenship and Immigration Act 2009 is repealed.

23Permission to appeal from Upper Tribunal to Court of Session

In section 13 of the Tribunals, Courts and Enforcement Act 2007 (right to appeal from Upper Tribunal) after subsection (6) insert—

“(6A)Rules of court may make provision for permission not to be granted on an application under subsection (4) to the Court of Session that falls within subsection (7) unless the court considers—

(a)that the proposed appeal would raise some important point of principle, or

(b)that there is some other compelling reason for the court to hear the appeal.”

24Appeals relating to regulation of the Bar

(1)Section 44 of the Senior Courts Act 1981 (extraordinary functions of High Court judges) ceases to have the effect of conferring jurisdiction on judges of the High Court sitting as Visitors to the Inns of Court.

(2)The General Council of the Bar, an Inn of Court, or two or more Inns of Court acting collectively in any manner, may confer a right of appeal to the High Court in respect of a matter relating to—

(a)regulation of barristers,

(b)regulation of other persons regulated by the person conferring the right,

(c)qualifications or training of barristers or persons wishing to become barristers, or

(d)admission to an Inn of Court or call to the Bar.

(3)An Inn of Court may confer a right of appeal to the High Court in respect of—

(a)a dispute between the Inn and a member of the Inn, or

(b)a dispute between members of the Inn;

and in this subsection any reference to a member of an Inn includes a reference to a person wishing to become a member of that Inn.

(4)A decision of the High Court on an appeal under this section is final.

(6)The High Court may make such order as it thinks fit on an appeal under this section.

(7)A right conferred under subsection (2) or (3) may be removed by the person who conferred it; and a right conferred under subsection (2) by two or more Inns of Court acting collectively may, so far as relating to any one of the Inns concerned, be removed by that Inn.

25Enforcement by taking control of goods

(1)Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (procedure for taking control of goods) is amended as follows.

(d)in paragraph 125 (amendment of section 15 of the Employment Tribunals Act 1996) for ““by execution issued from the county court”” substitute “the words from “by execution”, to “court” in the first place after “by execution”,”, and

26Payment of fines and other sums

(1)In the Magistrates’ Courts Act 1980 after section 75 insert—

“75ACosts of collecting sums adjudged to be paid by a conviction

(1)Where a sum is adjudged to be paid by a conviction, the person liable to pay the sum is also liable to pay amounts in respect of costs of doing things for the purpose of collecting sums of that kind.

(2)Where the person is charged such an amount, the sum adjudged to be paid is treated as increased by that amount.

(3)No such amount may be charged unless a collection order or other notice of the person’s liability to pay such amounts has been served on the person.

(4)Where time has been allowed for payment of the sum, no such amount may be charged before the end of that time.

(5)Where payment is to be by instalments, no such amount may be charged—

(a)before the first occasion on which there is default in the payment of an instalment, or

(b)at any other time when the instalments are up to date.

(6)No such amount may be charged in respect of costs that may be recovered under paragraph 62 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 (costs related to taking control of goods and selling them).

(7)This section applies in relation to a sum even if a collection order is in force in relation to the sum.”

(2)In the Courts Act 2003 after section 36 (a fines officer is a civil servant, or person provided under a contract, who is so designated by the Lord Chancellor) insert—

“36AAll functions of fines officers may be contracted-out

A function given by or under an enactment to a fines officer as such is to be taken for the purposes of section 2(5) (ban on contracting-out of judicial functions) as not involving the making of judicial decisions and as not involving the exercise of any judicial discretion.”

(3)In Schedule 5 to that Act (collection of fines and other sums) in paragraph 13(1) (contents of collection orders) after paragraph (c) insert—

“(ca)explain how the sum due may be increased by amounts in respect of costs of doing things for the purpose of collecting sums of that kind,”.

(4)In section 85 of the Magistrates’ Courts Act 1980 (power to remit fines) after subsection (4) (power does not extend to other sums) insert—

“(5)Despite subsection (4) above, references in subsections (1) to (3) above to a fine do include an amount that a person has been charged in respect of costs mentioned in section 75A(1) above if the person is liable under section 75A(1) above to pay the amount as a result of being liable to pay a fine as defined by subsection (4) above.”

(5)In section 139(c) of that Act (disposal of balance of receipts on account of sum adjudged to be paid) after “balance” insert “in accordance with any directions under section 139A and, subject to that, in payment”.

(6)In that Act after section 139 insert—

“139ADisposal of amounts received in respect of collection costs

(1)The Secretary of State may give directions requiring that money received on account of an amount charged as mentioned in section 75A is to be paid to the person who charged the amount.

(2)For the purposes of this section, money is received on account of an amount charged as mentioned in section 75A if—

(a)the money is received on account of a sum whose amount has been increased under that section,

(b)the total received on account of the sum is more than the figure the sum would be if increases under that section are excluded, and

(c)the money is—

(i)the balance after deducting that figure from the total received, or

“(ba)provision, including provision for deductions, in connection with the fine or compensation to which an application relates being treated as increased under section 75A of the 1980 Act or paragraph 42A of Schedule 5 to the Courts Act 2003;”.

(8)In section 56(3) of the Education and Skills Act 2008 (normal enforcement provisions do not apply to a non-participation fine once offender reaches 18) after “to be concluded” insert “or to preserve existing increases under section 75A of the Magistrates’ Courts Act 1980 (collection costs) or paragraph 42A of Schedule 5 to the Courts Act 2003”.

27Disclosure of information to facilitate collection of fines and other sums

(1)Schedule 5 to the Courts Act 2003 (collection of fines and other sums) is amended as follows.

(2)Paragraphs 9A to 10 (disclosure of information by Secretary of State to court officer to help court decide whether to apply for benefit deductions etc) become Part 3A of the Schedule.

(3)Accordingly, after paragraph 9 insert—

“PART 3A

DISCLOSURE OF INFORMATION, AND MEANING OF “RELEVANT BENEFIT” ETC”.

(4)In the heading before paragraph 9A, after “Disclosure of information in connection with” insert “making of attachment of earnings order or”.

(5)For paragraph 9A (power of Secretary of State to disclose information to help court decide whether to apply for benefit deductions) substitute—

“9A(1)The Secretary of State or a Northern Ireland department, or a person providing services to the Secretary of State or a Northern Ireland department, may disclose social security information to a relevant person.

(1A)Her Majesty’s Revenue and Customs, or a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, may disclose finances information to a relevant person.

(1B)The disclosure authorised by sub-paragraph (1) or (1A) is disclosure of the information concerned for the purpose of facilitating the making, by the relevant court or a fines officer, of any of the following—

(a)a decision as to whether to make an attachment of earnings order in respect of P,

(b)a decision as to whether to make an application for benefit deductions in respect of P, and

(c)such an order or application.

(2)In this paragraph—

“finances information” means information which—

(a)

is about a person’s income, gains or capital, and

(b)

is held—

(i)

by Her Majesty’s Revenue and Customs, or

(ii)

by a person providing services to the Commissioners for Her Majesty’s Revenue and Customs in connection with the provision of those services,

or information which is held with information so held;

“social security information” means information which is held for the purposes of functions relating to social security—

(a)

by the Secretary of State or a Northern Ireland Department, or

(b)

by a person providing services to the Secretary of State, or a Northern Ireland Department, in connection with the provision of those services,

or information which is held with information so held.

(2A)The reference in sub-paragraph (2) to functions relating to social security includes a reference to functions relating to any of the matters listed in section 127(8) of the Welfare Reform Act 2012 (statutory payments and maternity allowances).

(3)In this paragraph “relevant person” means a person who is appointed by the Lord Chancellor under section 2(1) or provided under a contract made by virtue of section 2(4).”

(6)In paragraph 9B(1) (limits on onward disclosure)—

(a)for “9A(3)” substitute “9A”, and

(b)for the words after “making” substitute “, by the relevant court or a fines officer, of such a decision, order or application as is mentioned in paragraph 9A(1B).”

(7)In paragraph 9B(2)(b) (use of information otherwise than in connection with decision mentioned in sub-paragraph (1)) for “as is mentioned in that sub-paragraph” substitute “, order or application as is mentioned in paragraph 9A(1B)”.

(8)In paragraph 9B(3) (disclosures that are not unlawful)—

(a)in paragraph (a) (disclosure in accordance with order of a court etc) after “order of a court” insert “or of a tribunal established by or under an Act”, and

(i)any information which is in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it, or

(ii)”.

(9)In paragraph 9B(5) (offence of wrongful use or disclosure of disclosed information punishable on summary conviction by a fine not exceeding level 4) for the words from “liable” to the end substitute “liable—

(a)on conviction on indictment—

(i)to imprisonment for a term not exceeding 2 years, or

(ii)to a fine, or

(iii)to both;

(b)on summary conviction—

(i)to imprisonment for a term not exceeding 12 months, or

(ii)to a fine not exceeding the statutory maximum, or

(iii)to both.”

(10)In paragraph 9B after sub-paragraph (5) insert—

“(6)Sub-paragraph (5)(b) applies in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on power of magistrates’ courts to impose imprisonment) as if the reference to 12 months were a reference to 6 months.

(7)A prosecution for an offence under sub-paragraph (2) may be instituted only by or with the consent of the Director of Public Prosecutions.”

“(3A)Relevant court” has the same meaning as in Part 3 of this Schedule.

(3B)In paragraphs 9A and 10 (as in the provisions of this Schedule which extend to England and Wales only)—

“fines officer” has the meaning given by section 36;

“P” has the meaning given by paragraph 1.”

(13)Paragraphs 9A, 9C and 10, as amended by the preceding provisions of this section, extend to Scotland and Northern Ireland (as well as to England and Wales).

(14)Accordingly, in section 111(1) of the Courts Act 2003 (subject to subsections (2) and (3), Act extends to England and Wales only) after “(3)” insert “and to section 27(13) of the Crime and Courts Act 2013 (extent of paragraphs 9A, 9C and 10 of Schedule 5)”.

28Disclosure of information for calculating fees of courts, tribunals etc

(1)The Secretary of State or a Northern Ireland Department, or a person providing services to the Secretary of State or a Northern Ireland Department, may disclose social security information to a relevant person who wants social security information in connection with deciding a fee-remission application.

(2)Her Majesty’s Revenue and Customs, or a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, may disclose tax credit information or finances information to a relevant person who wants tax credit information or finances information in connection with deciding a fee-remission application.

(3)Information disclosed to a relevant person under subsection (1) or (2)—

(a)must not be further disclosed, except to another relevant person who wants social security information, tax credit information or finances information in connection with deciding a fee-remission application, and

(b)must not be used otherwise than in connection with deciding a fee-remission application.

(a)in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to impose imprisonment), and

(b)in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(9)A prosecution for an offence under subsection (5)—

(a)may be instituted in England and Wales only by or with the consent of the Director of Public Prosecutions, and

(b)may be instituted in Northern Ireland only by or with the consent of the Director of Public Prosecutions for Northern Ireland.

(10)In this section—

“fee-remission application” means an application for any relief available to recipients of a social security benefit, or tax credit, from fees under any of—

by a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, in connection with the provision of those services;

“relevant person” means—

(a)

the Lord Chancellor,

(b)

the Secretary of State,

(c)

a person providing services to the Lord Chancellor or to the Secretary of State,

(d)

any of the officers or staff of the Supreme Court, or

(e)

any of the officers or staff of, or a person providing services to, the Public Guardian appointed for the purposes of the Mental Capacity Act 2005;

“social security information” means information which is held for the purposes of functions relating to social security—

(a)

by the Secretary of State or a Northern Ireland Department, or

(b)

by a person providing services to the Secretary of State or a Northern Ireland Department, in connection with the provision of those services,

or information which is held with information so held;

“tax credit information” means information as to whether a person has been awarded child tax credit or working tax credit which is held—

(a)

by Her Majesty’s Revenue and Customs, or

(b)

by a person providing services to the Commissioners for Her Majesty’s Revenue and Customs, in connection with the provision of those services.

29Supreme Court chief executive, officers and staff

(1)For section 48(2) of the Constitutional Reform Act 2005 (chief executive of the Supreme Court to be appointed by Lord Chancellor after consulting President of the Court) substitute—

“(2)It is for the President of the Court to appoint the chief executive.”

(2)Section 49 of that Act (officers and staff of the Supreme Court) is amended as follows.

(3)In subsection (2) (number of officers and staff, and their terms, are for the chief executive but subject to the provision in subsection (3) about application of civil service pension arrangements)—

(a)for “these matters with the agreement of the Lord Chancellor—” substitute “the following matters—”, and

(b)for “subsection” substitute “subsections (2A) and”.

(4)After subsection (2) insert—

“(2A)Service as the chief executive of the Court, and service as an officer or staff appointed under subsection (1), is service in the civil service of the State.”

30Supreme Court security officers

(1)In Part 3 of the Constitutional Reform Act 2005 (the Supreme Court) after section 51 insert—

“Court security

51ASecurity officers

(1)A Supreme Court security officer is a person who is—

(a)appointed by the President of the Supreme Court under section 49(1) or provided under a contract, and

(b)designated by the President as a Supreme Court security officer.

(2)The President may give directions as to—

(a)training courses to be completed by Supreme Court security officers;

(b)conditions to be met before a person may be designated as a Supreme Court security officer.

(3)For the purposes of sections 51B to 51E, a Supreme Court security officer who is not readily identifiable as such (whether by means of uniform or badge or otherwise) is not to be regarded as acting in the execution of the officer’s duty.

(4)In those sections “court building” means any building—

(a)where the business of the Supreme Court, or of the Judicial Committee of the Privy Council, is carried on, and

(b)to which the public has access.

51BPowers of search, exclusion, removal and restraint

(1)A Supreme Court security officer acting in the execution of the officer’s duty may search—

(a)any person who is in, or seeking to enter, a court building, and

(b)any article in the possession of such a person.

(2)Subsection (1) does not authorise a Supreme Court security officer to require a person to remove any of the person’s clothing other than a coat, jacket, headgear, gloves or footwear.

(3)A Supreme Court security officer acting in the execution of the officer’s duty may exclude or remove from a court building, or a part of a court building, any person who refuses—

(a)to permit a search under subsection (1), or

(b)to surrender an article in the person’s possession when asked to do so under section 51C(1).

(b)exclude or remove any person from a court building, or a part of a court building,

if it is reasonably necessary to do so for one of the purposes given in subsection (5).

(5)The purposes are—

(a)enabling business of the Supreme Court, or of the Judicial Committee of the Privy Council, to be carried on without interference or delay;

(b)maintaining order;

(c)securing the safety of any person in the court building.

(6)A Supreme Court security officer acting in the execution of the officer’s duty may remove any person from a courtroom at the request of—

(a)a judge of the Supreme Court, or

(b)a member of the Judicial Committee of the Privy Council.

(7)The powers given by subsections (3), (4) and (6) include power to use reasonable force, where necessary.

51CSurrender, seizure and retention of knives and other articles

(1)If a Supreme Court security officer acting in the execution of the officer’s duty reasonably believes that an article in the possession of a person who is in, or seeking to enter, a court building ought to be surrendered on any of the grounds given in subsection (2), the officer must ask the person to surrender the article; and, if the person refuses to surrender the article, the officer may seize it.

(2)The grounds are that the article—

(a)may jeopardise the maintenance of order in the court building (or a part of it),

(b)may put the safety of any person in the court building at risk, or

(c)may be evidence of, or in relation to, an offence.

(3)Subject to subsection (4), a Supreme Court security officer may retain an article which was—

(a)surrendered in response to a request under subsection (1), or

(b)seized under that subsection,

until the time when the person who surrendered it, or from whom it was seized, is leaving the court building.

(4)If a Supreme Court security officer reasonably believes that the article may be evidence of, or in relation to, an offence, the officer may retain it until—

(a)the time when the person who surrendered it, or from whom it was seized, is leaving the court building, or

(b)the end of the permitted period,

whichever is the later.

(5)In subsection (4) “the permitted period” means such period, not exceeding 24 hours from the time the article was surrendered or seized, as will enable the Supreme Court security officer to draw the article to the attention of a constable.

(6)Subsections (3) to (5) do not apply where a knife is—

(a)surrendered to a Supreme Court security officer in response to a request under subsection (1), or

(b)seized by a Supreme Court security officer under that subsection,

but, instead, the knife must be retained in accordance with regulations under section 51D(3) unless returned or disposed of in accordance with those regulations or regulations under section 51D(1).

(7)If a Supreme Court security officer reasonably believes that a retained knife may be evidence of, or in relation to, an offence, nothing in subsection (6) prevents the officer retaining the knife for so long as necessary to enable the officer to draw it to the attention of a constable.

(8)In this section “knife” includes—

(a)a knife-blade, and

(b)any other article which—

(i)has a blade or is sharply pointed, and

(ii)is made or adapted for use for causing injury to the person.

51DRegulations about retention of knives and other articles

(1)The Lord Chancellor may by regulations make provision as to—

(a)the provision to persons—

(i)by whom articles have been surrendered in response to a request under subsection (1) of section 51C, or

(ii)from whom articles have been seized under that subsection,

of written information about the powers of retention of Supreme Court security officers,

(b)the keeping of records about articles which have been so surrendered or seized,

(c)the period for which unclaimed articles have to be kept, and

(d)the disposal of unclaimed articles at the end of that period.

(2)In subsection (1) “unclaimed article” means an article—

(a)which has been retained under section 51C,

(b)which a person is entitled to have returned,

(c)which has not been returned, and

(d)whose return has not been requested by a person entitled to it.

(3)Without prejudice to the generality of subsection (1), the Lord Chancellor must by regulations make provision as to—

(a)the procedure to be followed when a knife is retained under section 51C;

(b)the making of requests by eligible persons for the return of knives so retained;

(c)the procedure to be followed when returning a knife pursuant to a request made in accordance with the regulations.

(4)In subsection (3)—

“eligible person”, in relation to a knife retained under section 51C, means—

(a)

the person who surrendered the knife under subsection (1) of section 51C or from whom the knife was seized under that subsection, or

(b)

any other person specified in regulations under subsection (3);

“knife” has the same meaning as in section 51C.

51EAssaulting and obstructing Supreme Court security officers

(1)Any person who assaults a Supreme Court security officer acting in the execution of the officer’s duty commits an offence.

(2)A person guilty of an offence under subsection (1) is liable on summary conviction—

(a)to imprisonment for a term not exceeding 12 months, or

(b)to a fine not exceeding level 5 on the standard scale, or

(c)to both.

(3)Subsection (2) applies—

(a)in England and Wales in relation to offences committed before the commencement of section 154(1) of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to impose imprisonment), and

(b)in Northern Ireland,

as if the reference to 12 months were a reference to 6 months.

(4)A person who resists or wilfully obstructs a Supreme Court security officer acting in the execution of the officer’s duty commits an offence.

(5)A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

“(b)may, in the case of leave under subsection (1A), be granted subject to such conditions as the Supreme Court thinks proper with respect to publication or disposal of any recording to which the leave relates;

and”.

(4)In subsection (1) (activities which are contempt of court) after paragraph (c) insert—

“(d)to publish or dispose of any recording in contravention of any conditions of leave granted under subsection (1A).”

32Enabling the making, and use, of films and other recordings of proceedings

(1)The Lord Chancellor may, by order made with the concurrence of the Lord Chief Justice, provide that a section mentioned in subsection (2) or any provision of either of those sections—

(a)does not apply in relation to the making of a recording or the making of a prescribed recording;

(b)does not apply in relation to the making of a recording, or the making of a prescribed recording, if prescribed conditions are met, including conditions as to a court or tribunal or any other person being satisfied as to anything or agreeing;

(c)does not apply in relation to prescribed use of a prescribed recording.

(2)Those sections are—

(a)section 41 of the Criminal Justice Act 1925 (no photography or drawing in court of persons involved in proceedings, and no publication of contravening images);

(b)section 9 of the Contempt of Court Act 1981 (no sound recording in court without permission, and no public playing of recordings).

(3)In the case of any particular proceedings of a court or tribunal, the court or tribunal may in the interests of justice or in order that a person is not unduly prejudiced—

(a)direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, to apply in relation to the proceedings, or

(b)direct that a provision disapplied in relation to the proceedings by an order under subsection (1) is, despite the order, disapplied in relation to the proceedings only if conditions specified in the direction are met.

(4)No appeal may be made against—

(a)a direction given under subsection (3), or

(b)a decision not to give a direction under that subsection.

(5)In this section—

“recording” means a visual or sound recording on any medium, including (in particular)—

(a)

films and other video-recordings, with or without sound,

(b)

other photographs, and

(c)

sketches and portraits;

“prescribed” means prescribed by an order under subsection (1).

(6)The preceding provisions of this section do not apply in relation to Supreme Court proceedings.

“(5)See section 32 of the Crime and Courts Act 2013 for power to provide for further exceptions.”

33Abolition of scandalising the judiciary as form of contempt of court

(1)Scandalising the judiciary (also referred to as scandalising the court or scandalising judges) is abolished as a form of contempt of court under the common law of England and Wales.

(2)That abolition does not prevent proceedings for contempt of court being brought against a person for conduct that immediately before that abolition would have constituted both scandalising the judiciary and some other form of contempt of court.

Publishers of news-related material: damages and costs

34Awards of exemplary damages

(1)This section applies where—

(a)a relevant claim is made against a person (“the defendant”),

(b)the defendant was a relevant publisher at the material time,

(c)the claim is related to the publication of news-related material, and

(d)the defendant is found liable in respect of the claim.

(2)Exemplary damages may not be awarded against the defendant in respect of the claim if the defendant was a member of an approved regulator at the material time.

(3)But the court may disregard subsection (2) if—

(a)the approved regulator imposed a penalty on the defendant in respect of the defendant’s conduct or decided not to do so,

(b)the court considers, in light of the information available to the approved regulator when imposing the penalty or deciding not to impose one, that the regulator was manifestly irrational in imposing the penalty or deciding not to impose one, and

(c)the court is satisfied that, but for subsection (2), it would have made an award of exemplary damages under this section against the defendant.

(4)Where the court is not prevented from making an award of exemplary damages by subsection (2) (whether because that subsection does not apply or the court is permitted to disregard that subsection as a result of subsection (3)), the court—

(a)may make an award of exemplary damages if it considers it appropriate to do so in all the circumstances of the case, but

(b)may do so only under this section.

(5)Exemplary damages may be awarded under this section only if they are claimed.

(6)Exemplary damages may be awarded under this section only if the court is satisfied that—

(a)the defendant’s conduct has shown a deliberate or reckless disregard of an outrageous nature for the claimant’s rights,

(b)the conduct is such that the court should punish the defendant for it, and

(c)other remedies would not be adequate to punish that conduct.

(7)Exemplary damages may be awarded under this section whether or not another remedy is granted.

(8)The decision on the question of—

(a)whether exemplary damages are to be awarded under this section, or

(b)the amount of such damages,

must not be left to a jury.

35Relevant considerations

(1)This section applies where the court is deciding whether the circumstances of the case make it appropriate for exemplary damages to be awarded under section 34.

(2)The court must have regard to the principle that exemplary damages must not usually be awarded if, at any time before the decision comes to be made, the defendant has been convicted of an offence involving the conduct complained of.

(3)The court must take account of the following—

(a)whether membership of an approved regulator was available to the defendant at the material time;

(b)if such membership was available, the reasons for the defendant not being a member;

(c)so far as relevant in the case of the conduct complained of, whether internal compliance procedures of a satisfactory nature were in place and, if so, the extent to which they were adhered to in that case.

(4)The reference in subsection (3)(c) to “internal compliance procedures” being in place is a reference to any procedures put in place by the defendant for the purpose of ensuring that—

(a)material is not obtained by or on behalf of the defendant in an inappropriate way, and

(b)material is not published by the defendant in inappropriate circumstances.

(5)The court may regard deterring the defendant and others from similar conduct as an object of punishment.

(6)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

36Amount of exemplary damages

(2)The court must have regard to these principles in determining the amount of exemplary damages—

(a)the amount must not be more than the minimum needed to punish the defendant for the conduct complained of;

(b)the amount must be proportionate to the seriousness of the conduct.

(3)The court must take account of these matters in determining the amount of exemplary damages—

(a)the nature and extent of any loss or harm caused, or intended to be caused, by the defendant’s conduct;

(b)the nature and extent of any benefit the defendant derived or intended to derive from such conduct.

(4)The court may regard deterring the defendant and others from similar conduct as an object of punishment.

(5)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.

37Multiple claimants

(1)This section applies where a relevant publisher—

(a)is a defendant to a relevant claim, and

(b)is found liable to two or more persons in respect of the claim (“the persons affected”).

(2)In deciding whether to award exemplary damages under section 34 or the amount of such damages to award (whether to one or more of the persons affected), the court must take account of any settlement or compromise by any persons of a claim in respect of the conduct.

(3)But the court may take account of any such settlement or compromise only if the defendant agrees.

(4)If the court awards exemplary damages under section 34 to two or more of the persons affected, the total amount awarded must be such that it does not punish the defendant excessively.

(5)If the court awards exemplary damages under section 34 to one or more of the persons affected, no later claim may be made for exemplary damages as regards the conduct.

38Multiple defendants

(1)Any liability of two or more persons for exemplary damages awarded under section 34 is several (and not joint or joint and several).

(2)Subsection (1) has effect subject to the law relating to the liability of a partner for the conduct of another partner.

(3)Where the liability of two or more persons for exemplary damages is several, no contribution in respect of the damages may be recovered by any of them under section 1 of the Civil Liability (Contribution) Act 1978.

39Awards of aggravated damages

(1)This section applies where—

(a)a relevant claim is made against a person (“the defendant”),

(b)the defendant was a relevant publisher at the material time,

(c)the claim is related to the publication of news-related material, and

(d)the defendant is found liable in respect of the claim.

(2)Aggravated damages may be awarded against the defendant only to compensate for mental distress and not for purposes of punishment.

(3)In this section, “aggravated damages” means damages that were commonly called aggravated before the passing of this Act and which—

(a)are awarded against a person in respect of the person’s motive or exceptional conduct, but

(b)are not exemplary damages or restitutionary damages.

(4)Nothing in this section is to be read as implying that, in cases where this section does not apply, aggravated damages may be awarded for purposes of punishment.

40Awards of costs

(1)This section applies where—

(a)a relevant claim is made against a person (“the defendant”),

(b)the defendant was a relevant publisher at the material time, and

(c)the claim is related to the publication of news-related material.

(2)If the defendant was a member of an approved regulator at the time when the claim was commenced (or was unable to be a member at that time for reasons beyond the defendant’s control or it would have been unreasonable in the circumstances for the defendant to have been a member at that time), the court must not award costs against the defendant unless satisfied that—

(a)the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator, or

(b)it is just and equitable in all the circumstances of the case to award costs against the defendant.

(3)If the defendant was not a member of an approved regulator at the time when the claim was commenced (but would have been able to be a member at that time and it would have been reasonable in the circumstances for the defendant to have been a member at that time), the court must award costs against the defendant unless satisfied that—

(a)the issues raised by the claim could not have been resolved by using an arbitration scheme of the approved regulator (had the defendant been a member), or

(b)it is just and equitable in all the circumstances of the case to make a different award of costs or make no award of costs.

(4)The Secretary of State must take steps to put in place arrangements for protecting the position in costs of parties to relevant claims who have entered into agreements under section 58 of the Courts and Legal Services Act 1990.

(5)This section is not to be read as limiting any power to make rules of court.

(6)This section does not apply until such time as a body is first recognised as an approved regulator.

41Meaning of “relevant publisher”

(1)In sections 34 to 40, “relevant publisher” means a person who, in the course of a business (whether or not carried on with a view to profit), publishes news-related material—

(a)which is written by different authors, and

(b)which is to any extent subject to editorial control.

This is subject to subsections (5) and (6).

(2)News-related material is “subject to editorial control” if there is a person (whether or not the publisher of the material) who has editorial or equivalent responsibility for—

(a)the content of the material,

(b)how the material is to be presented, and

(c)the decision to publish it.

(3)A person who is the operator of a website is not to be taken as having editorial or equivalent responsibility for the decision to publish any material on the site, or for content of the material, if the person did not post the material on the site.

(4)The fact that the operator of the website may moderate statements posted on it by others does not matter for the purposes of subsection (3).

(5)A person is not a “relevant publisher” if the person is specified by name in Schedule 15.

(6)A person is not a “relevant publisher” in so far as the person’s publication of news-related material is in a capacity or case of a description specified in Schedule 15.

(7)But a person who is not a “relevant publisher” as a result of paragraph 8 of that Schedule (micro-businesses) is nevertheless to be regarded as such if the person was a member of an approved regulator at the material time.

42Other interpretative provisions

(1)This section applies for the purposes of sections 34 to 41.

(2)“Approved regulator” means a body recognised as a regulator of relevant publishers.

(3)For the purposes of subsection (2), a body is “recognised” as a regulator of relevant publishers if it is so recognised by any body established by Royal Charter (whether established before or after the coming into force of this section) with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers.

(4)“Relevant claim” means a civil claim made in respect of any of the following—

(a)libel;

(b)slander;

(c)breach of confidence;

(d)misuse of private information;

(e)malicious falsehood;

(f)harassment.

(5)For the purposes of subsection (4)—

(a)the reference to a claim made in respect of the misuse of private information does not include a reference to a claim made by virtue of section 13 of the Data Protection Act 1998 (damage or distress suffered as a result of a contravention of a requirement of that Act);

(b)the reference to a claim made in respect of harassment is a reference to a claim made under the Protection from Harassment Act 1997.

(6)The “material time”, in relation to a relevant claim, is the time of the events giving rise to the claim.

(7)“News-related material” means—

(a)news or information about current affairs,

(b)opinion about matters relating to the news or current affairs, or

(c)gossip about celebrities, other public figures or other persons in the news.

(8)A relevant claim is related to the publication of news-related material if the claim results from—

(a)the publication of news-related material, or

(b)activities carried on in connection with the publication of such material (whether or not the material is in fact published).

(9)A reference to the “publication” of material is a reference to publication—

(a)on a website,

(b)in hard copy, or

(c)by any other means;

and references to a person who “publishes” material are to be read accordingly.

(10)A reference to “conduct” includes a reference to omissions; and a reference to a person’s conduct includes a reference to a person’s conduct after the events giving rise to the claim concerned.

Self-defence

43Use of force in self-defence at place of residence

(1)Section 76 of the Criminal Justice and Immigration Act 2008 (use of reasonable force for purposes of self-defence etc) is amended as follows.

(2)Before subsection (6) (force not regarded as reasonable if it was disproportionate) insert—

“(5A)In a householder case, the degree of force used by D is not to be regarded as having been reasonable in the circumstances as D believed them to be if it was grossly disproportionate in those circumstances.”

(3)In subsection (6) at the beginning insert “In a case other than a householder case,”.

(4)After subsection (8) insert—

“(8A)For the purposes of this section “a householder case” is a case where—

(a)the defence concerned is the common law defence of self-defence,

(b)the force concerned is force used by D while in or partly in a building, or part of a building, that is a dwelling or is forces accommodation (or is both),

(c)D is not a trespasser at the time the force is used, and

(d)at that time D believed V to be in, or entering, the building or part as a trespasser.

(8B)Where—

(a)a part of a building is a dwelling where D dwells,

(b)another part of the building is a place of work for D or another person who dwells in the first part, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is a dwelling.

(8C)Where—

(a)a part of a building is forces accommodation that is living or sleeping accommodation for D,

(b)another part of the building is a place of work for D or another person for whom the first part is living or sleeping accommodation, and

(c)that other part is internally accessible from the first part,

that other part, and any internal means of access between the two parts, are each treated for the purposes of subsection (8A) as a part of a building that is forces accommodation.

(8D)Subsections (4) and (5) apply for the purposes of subsection (8A)(d) as they apply for the purposes of subsection (3).

(8E)The fact that a person derives title from a trespasser, or has the permission of a trespasser, does not prevent the person from being a trespasser for the purposes of subsection (8A).

(8F)In subsections (8A) to (8C)—

“building” includes a vehicle or vessel, and

“forces accommodation” means service living accommodation for the purposes of Part 3 of the Armed Forces Act 2006 by virtue of section 96(1)(a) or (b) of that Act.”

(5)In subsection (9) (section intended to be clarificatory) after “This section” insert “, except so far as making different provision for householder cases,”.

(6)An amendment made by this section does not apply in respect of force used before the amendment comes into force.

Deferred prosecution agreements

45Deferred prosecution agreements

Proceeds of crime

46Restraint orders and legal aid

(1)Section 41 of the Proceeds of Crime Act 2002 (confiscation in England and Wales: restraint orders) is amended in accordance with subsections (2) to (6).

(2)After subsection (2) insert—

“(2A)A restraint order must be made subject to an exception enabling relevant legal aid payments to be made (a legal aid exception).

(2B)A relevant legal aid payment is a payment that the specified person is obliged to make—

(a)by regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and

(b)in connection with services provided in relation to an offence which falls within subsection (5),

whether the obligation to make the payment arises before or after the restraint order is made.”

(3)In subsection (3)—

(a)after “subject to” insert “other”, and

(b)omit paragraph (c).

(4)In subsection (4), for “But an exception to a restraint order” substitute “But where an exception to a restraint order is made under subsection (3), it”.

(5)After subsection (5) insert—

“(5A)A legal aid exception—

(a)must be made subject to prescribed restrictions (if any) on—

(i)the circumstances in which payments may be made in reliance on the exception, or

(ii)the amount of the payments that may be made in reliance on the exception,

(b)must be made subject to other prescribed conditions (if any), and

(c)may be made subject to other conditions.

(5B)Any other exception to a restraint order may be made subject to conditions.”

(6)After subsection (9) insert—

“(10)In this section “prescribed” means prescribed by regulations made by the Secretary of State.”

(7)In section 459 of that Act (orders and regulations)—

(a)in subsection (4)(a), after “section” insert “41(5A),”, and

(b)in subsection (6)(a), after “section” insert “41(5A),”.

47Restraint orders and legal aid: supplementary

(1)The Secretary of State may by regulations—

(a)make provision about the making of relevant legal aid payments out of property that is the subject of a restraint order under Part 2 of the Proceeds of Crime Act 2002 (“the 2002 Act”), and

(b)make provision in connection with cases in which such payments are or may be made out of such property,

whether by modifying the operation of Part 2 of the 2002 Act or Chapter 1, 2 or 4 of Part 8 of that Act or otherwise.

(2)The provision that may be made by regulations under this section includes—

(a)provision about how much property may be subject to a restraint order, including provision made by reference to the amount or estimated amount of relevant legal aid payments;

(b)provision for a restraint order or other order under Part 2 of the 2002 Act to remain in force, where a relevant legal aid payment remains unpaid, in circumstances in which the order would otherwise have to be discharged;

(c)provision about powers of investigation for the purpose of identifying property that may be used to make relevant legal aid payments, including powers exercisable where an order continues in force in accordance with provision described in paragraph (b);

(d)provision about the use of property in cases in which there is or has been a restraint order, including provision about the order in which different obligations to make payments may or must be satisfied in such cases;

(e)provision about powers of entry, search and seizure;

(f)provision about the payment of compensation by the Lord Chancellor;

(g)provision about the disclosure and use of documents, information and other evidence.

(3)The provision that may be made by regulations under this section (whether by virtue of this section or section 58(12)) includes—

(a)provision conferring, removing or otherwise modifying a function;

(b)provision amending, repealing, revoking or otherwise modifying provision made by or under any enactment (including provision inserted or amended by this Act).

(4)In this section—

“function” means a function of any description, including a power or duty (whether conferred by an enactment or arising otherwise);

“property” has the same meaning as in Part 2 of the 2002 Act;

“relevant legal aid payment” means—

(a)

a payment that is a relevant legal aid payment for the purposes of section 41 of the 2002 Act, and

(b)

a payment that would be such a payment if a restraint order were made.

(5)In subsection (2)(a) and (c) the references to relevant legal aid payments include any payment that is likely to be a relevant legal aid payment when the obligation to make the payment arises.

48Civil recovery of the proceeds etc of unlawful conduct

(1)Part 5 of the Proceeds of Crime Act 2002 (civil recovery of the proceeds etc of unlawful conduct) is amended as follows.

(2)After section 282 insert—

“Scope of powers

282AScope of powers

(1)An order under this Chapter may be made by the High Court in England and Wales or the Court of Session—

(a)in respect of property wherever situated, and

(b)in respect of a person wherever domiciled, resident or present,

subject to subsection (2).

(2)Such an order may not be made by the High Court in England and Wales or the Court of Session in respect of—

(a)property that is outside the United Kingdom, or

(b)property that is in the United Kingdom but outside the relevant part of the United Kingdom,

unless there is or has been a connection between the case and the relevant part of the United Kingdom.

(3)The circumstances in which there is or has been such a connection include those described in Schedule 7A.

(4)“The relevant part of the United Kingdom” means—

(a)in relation to an order made by the High Court in England and Wales, England and Wales, and

(b)in relation to an order made by the Court of Session, Scotland.”

(3)After Schedule 7 insert—

Section 282A

“Schedule 7AConnection with relevant part of United Kingdom

Unlawful conduct

1There is a connection where the unlawful conduct occurred entirely or partly in the relevant part of the United Kingdom.

Property

2There has been a connection where the property in question has been in the relevant part of the United Kingdom, but only if it was recoverable property in relation to the unlawful conduct for some or all of the time it was there.

3There is a connection where there is other property in the relevant part of the United Kingdom that is recoverable property in relation to the unlawful conduct.

4There has been a connection where, at any time, there has been other property in the relevant part of the United Kingdom that, at the time, was recoverable property in relation to the unlawful conduct.

Person

5(1)There is or has been a connection where a person described in sub-paragraph (2)—

(a)is linked to the relevant part of the United Kingdom,

(b)was linked to that part of the United Kingdom at a time when the unlawful conduct, or some of the unlawful conduct, was taking place, or

(c)has been linked to that part of the United Kingdom at any time since that conduct took place.

(2)Those persons are—

(a)a person whose conduct was, or was part of, the unlawful conduct;

(b)a person who was deprived of property by the unlawful conduct;

(c)a person who holds the property in question;

(d)a person who has held the property in question, but only if it was recoverable property in relation to the unlawful conduct at the time;

(e)a person who holds other property that is recoverable property in relation to the unlawful conduct;

(f)a person who, at any time, has held other property that was recoverable property in relation to the unlawful conduct at the time.

(3)A person is linked to the relevant part of the United Kingdom if the person is—

(a)a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b)a person who, under the British Nationality Act 1981, is a British subject,

(c)a British protected person within the meaning of that Act,

(d)a body incorporated or constituted under the law of any part of the United Kingdom, or

(e)a person domiciled, resident or present in the relevant part of the United Kingdom.

Property held on trust

6(1)There is a connection where the property in question is property held on trust, or an interest in property held on trust, and—

(a)the trust arises under the law of any part of the United Kingdom,

(b)the trust is entirely or partly governed by the law of any part of the United Kingdom,

(c)one or more of the trustees is linked to the relevant part of the United Kingdom, or

(d)one or more of the beneficiaries of the trust is linked to the relevant part of the United Kingdom.

(2)A person is linked to the relevant part of the United Kingdom if the person falls within paragraph 5(3).

(3)“Beneficiaries” includes beneficiaries with a contingent interest in the trust property and potential beneficiaries.

Interpretation

7“The relevant part of the United Kingdom” has the meaning given in section 282A(4).

8“The unlawful conduct” means—

(a)in a case in which the property in question was obtained through unlawful conduct, that conduct,

(b)in a case in which the property in question represents property obtained through unlawful conduct, that conduct, or

(c)in a case in which it is shown that the property in question was obtained through unlawful conduct of one of a number of kinds or represents property so obtained (see section 242(2)(b)), one or more of those kinds of conduct.”

“(8B)An enforcement authority in relation to England and Wales or Scotland may take proceedings there for an order under Chapter 2 of this Part in respect of any property or person, whether or not the property or person is (or is domiciled, resident or present) in that part of the United Kingdom.”

(6)In Schedule 18 to this Act (proceeds of crime: civil recovery of the proceeds etc of unlawful conduct)—

(a)Part 1 makes provision about the enforcement of interim orders in the United Kingdom, and

(b)Part 2 makes provision about enforcement where property or evidence is outside the United Kingdom.

(7)The amendments made by this section and Part 2 of Schedule 18 are deemed always to have had effect.

(8)The amendments made by this section and Schedule 18 do not affect the extent to which provisions of the Proceeds of Crime Act 2002 (other than Chapter 2 of Part 5), or of any other enactment, apply in respect of persons or property outside the United Kingdom or outside a particular part of the United Kingdom.

49Investigations

In Schedule 19 (proceeds of crime: investigations)—

(a)Part 1 makes provision about orders and warrants sought under Part 8 of the Proceeds of Crime Act 2002 in connection with civil recovery investigations,

(b)Part 2 makes provision about obtaining evidence overseas, and

(c)Part 3 makes consequential amendments relating to immigration officers and to the National Crime Agency.

Extradition

50Extradition

Schedule 20 (extradition) has effect.

Part 3Miscellaneous and general

Border control

51Immigration cases: appeal rights; and facilitating combined appeals

(1)In section 84(1)(b) of the Nationality, Immigration and Asylum Act 2002 (grounds of appeal: decision unlawful because of race discrimination etc by Northern Ireland public authority) after “1997” insert “or by virtue of section 29 of the Equality Act 2010 (discrimination in the exercise of public functions etc) so far as relating to race as defined by section 9(1) of that Act”.

(2)In section 99 of that Act (pending appeals lapse on issue of certificates)—

(a)in subsection (1) (list of provisions under which certificates may be issued) omit “96(1) or (2),”, and

(b)in the title, for “96 to” substitute “97 and”.

(3)For section 47(1) of the Immigration, Asylum and Nationality Act 2006 (decision that person is to be removed from the United Kingdom may be made while person can bring appeal) substitute—

“(1)Where the Secretary of State gives written notice of a pre-removal decision to the person affected, the Secretary of State may—

(a)in the document containing that notice,

(b)in a document enclosed in the same envelope as that document,

(c)otherwise on the occasion when that notice is given to the person, or

(d)at any time after that occasion but before an appeal against the pre-removal decision is brought under section 82(1) of the Nationality, Immigration and Asylum Act 2002,

also give the person written notice that the person is to be removed from the United Kingdom under this section in accordance with directions given by an immigration officer if and when the person’s leave to enter or remain in the United Kingdom expires.

(1A)In subsection (1) “pre-removal decision” means—

(a)a decision on an application—

(i)for variation of limited leave to enter or remain in the United Kingdom, and

(ii)made before the leave expires,

(b)a decision to revoke a person’s leave to enter or remain in the United Kingdom, or

(c)a decision to vary a person’s leave to enter or remain in the United Kingdom where the variation will result in the person having no leave to enter or remain in the United Kingdom.”

52Appeals against refusal of entry clearance to visit the UK

(1)Section 88A of the Nationality, Immigration and Asylum Act 2002 as inserted by the 2006 Act (appeals against refusal of entry clearance) is amended in accordance with subsections (3) to (5).

(2)In section 4(1) of the 2006 Act, the section 88A to be inserted into the Nationality, Immigration and Asylum Act 2002 is amended in accordance with subsections (3) to (5).

(3)In section 88A(1) omit paragraph (a) (power to allow the making of appeals by certain visitors).

(5)In section 88A(2)(c) (provision supplementing subsection (1)(a) and (b)) for “circumstances of the applicant, of the person whom the applicant seeks to visit or” substitute “circumstances of the applicant or of the person”.

(6)In section 4(3)(e) of the 2006 Act for “88A(1)(a) or (b)” substitute “88A(1)(b)”.

(7)After the coming into force of this subsection, the power under section 62 of the 2006 Act (power to make commencement orders) so far as exercisable in relation to section 4(1) of the 2006 Act is power to provide for the coming into force of section 4(1) of the 2006 Act as amended by this section.

53Restriction on right of appeal from within the United Kingdom

(2)In section 92 (appeals from within the United Kingdom: general), after subsection (2) insert—

“(2A)So far as it relates to an immigration decision of a kind specified in section 82(2)(e), subsection (2) is subject to section 97B.”

(3)After section 97A insert—

“97BVariation of leave on grounds of public good: rights of appeal

(1)This section applies to an immigration decision of a kind referred to in section 82(2)(e) if the Secretary of State, acting in person, certifies that the decision is or was taken wholly or partly on the ground that it is no longer conducive to the public good for the person to have leave to enter or remain in the United Kingdom.

(2)If the person concerned is outside the United Kingdom when the immigration decision is taken, an appeal under section 82(1) against that decision may be brought only from outside the United Kingdom.

(3)Accordingly, the person concerned may not enter the United Kingdom for the purposes of an appeal against that decision and the person’s appeal against that decision is not one of a kind to which section 92 applies.”

54Deportation on national security grounds: appeals

(1)Section 97A of the Nationality, Immigration and Asylum Act 2002 (deportation on national security grounds: appeal rights) is amended as follows.

(2)After subsection (1) insert—

“(1A)This section also applies where the Secretary of State certifies, in the case of a person in respect of whom a deportation order has been made which states that it is made in accordance with section 32(5) of the UK Borders Act 2007, that the person’s removal from the United Kingdom would be in the interests of national security.”

(3)For subsection (2)(c) substitute—

“(c)section 2(5) of the Special Immigration Appeals Commission Act 1997 (whether appeals brought against decisions certified under section 97 may be brought from within the United Kingdom) does not apply, but see instead the following provisions of this section.”

(4)After subsection (2) insert—

“(2A)The person while in the United Kingdom may not bring or continue an appeal under section 2 of the Special Immigration Appeals Commission Act 1997—

(a)against the decision to make the deportation order, or

(b)against any refusal to revoke the deportation order,

unless the person has made a human rights claim while in the United Kingdom.

(2B)Subsection (2A) does not allow the person while in the United Kingdom to bring or continue an appeal if the Secretary of State certifies that removal of the person—

(a)to the country or territory to which the person is proposed to be removed, and

(b)despite the appeals process not having been begun or not having been exhausted,

would not breach the United Kingdom’s obligations under the Human Rights Convention.

(2C)The grounds upon which a certificate may be given under subsection (2B) include (in particular)—

(a)that the person would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed;

(b)that the whole or part of any human rights claim made by the person is clearly unfounded.

(2D)Subsection (2A) does not allow the person while in the United Kingdom to bring an appeal on a non-human-rights ground, or to continue an appeal so far as brought on non-human-rights grounds, if the Secretary of State certifies that removal of the person—

(a)to the country or territory to which the person is proposed to be removed, and

(b)despite the appeals process, so far as relating to appeal on non-human-rights grounds, not having been begun or not having been exhausted,

would not breach the United Kingdom’s obligations under the Human Rights Convention.

(2E)In subsection (2D) “non-human-rights ground” means any ground other than the ground that removal of the person from the United Kingdom in consequence of the decision to make the deportation order would be unlawful under section 6 of the Human Rights Act 1998 as being incompatible with a person’s Convention rights.

(2F)If a certificate in respect of a person is given under subsection (2B), the person may apply to the Special Immigration Appeals Commission to set aside the certificate.

(2G)If a person makes an application under subsection (2F) then the Commission, in determining whether the certificate should be set aside, must apply the principles that would be applied in judicial review proceedings.

(2H)The Commission’s determination of a review under subsection (2F) is final.

(2J)The Commission may direct that a person who has made and not withdrawn an application under subsection (2F) is not to be removed from the United Kingdom at a time when the review has not been finally determined by the Commission.

(2K)Sections 5 and 6 of the Special Immigration Appeals Commission Act 1997 apply in relation to reviews under subsection (2F) (and to applicants for such reviews) as they apply in relation to appeals under section 2 or 2B of that Act (and to persons bringing such appeals).

(2L)Any exercise of power to make rules under section 5 of that Act in relation to reviews under subsection (2F) is to be with a view to securing that proceedings on such reviews are handled expeditiously.”

55Powers of immigration officers

“(ha)an immigration officer who is a senior official within the meaning of the Regulation of Investigatory Powers Act 2000 and who is designated for the purposes of this paragraph by the Secretary of State;”.

“(ma)a senior official in the department of the Secretary of State by whom functions relating to immigration are exercisable who is designated for the purposes of this paragraph by the Secretary of State; and”.

(3)The Proceeds of Crime Act 2002 is amended in accordance with subsections (4) and (5).

“(a)unlawful conduct”, in or in relation to section 289, means conduct which—

(i)relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement), or

(ii)is undertaken for the purposes of, or otherwise in relation to, a relevant nationality enactment,

(7)Sections 136 to 139 of the Criminal Justice and Public Order Act 1994 (execution of warrants and powers of arrest and search) apply to an immigration officer as they apply to a constable (but subject to subsection (8) below and paragraphs 41 to 43 of Schedule 21).

(8)An immigration officer may exercise a power under sections 136 to 139 of the 1994 Act only—

(a)in the exercise of a function which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including a function which relates to conditions or other controls on any such entitlement),

(b)in exercising a function under, or for the purposes of—

(i)the British Nationality Act 1981,

(ii)the Hong Kong Act 1985,

(iii)the Hong Kong (War Wives and Widows) Act 1996,

(iv)the British Nationality (Hong Kong) Act 1997,

(v)the British Overseas Territories Act 2002,

(vi)an instrument made under any of those Acts, or

(c)in connection with the prevention, investigation or prosecution of any of the following offences (insofar as that does not involve the exercise of a function which falls within paragraph (a) or (b))—

(i)an offence under section 26(1)(a), (b) or (g) of the Immigration Act 1971 (refusal or failure to submit to examination or to furnish information etc, or obstruction of immigration officer);

(9)The Criminal Law (Consolidation) (Scotland) Act 1995 is amended in accordance with subsections (10) to (12).

(10)In section 24 of the 1995 Act (detention and questioning at office of Revenue and Customs)—

(a)in subsection (1), in the words before paragraph (a), for the words from the beginning to “the officer may” substitute—

“(A1)The powers conferred by subsection (1) are exercisable—

(a)by an officer of Revenue and Customs where the officer has reasonable grounds for suspecting that a person has committed or is committing a Revenue and Customs offence punishable by imprisonment, or

(b)by an immigration officer where the officer has reasonable grounds for suspecting that a person has committed or is committing an immigration offence or nationality offence punishable by imprisonment.

(1)The officer may”;

(b)in subsection (1), in the words after paragraph (b)—

(i)after “Customs” (in the first place) insert “(in a case falling within subsection (A1)(a)) or police station (in a case falling within subsection (A1)(b)”;

(ii)after “premises” (in the first place) insert “(in either of those cases)”;

“(2)Where an authorised immigration officer has reasonable grounds for suspecting that an immigration offence or nationality offence or immigration enforcement offence has been or is being committed, the officer may arrest without warrant any person whom the officer has reasonable grounds for suspecting to be guilty of the offence.

(3)In this section—

(a)“authorised officer of Revenue and Customs” means an officer of Revenue and Customs acting with the authority (which may be general or specific) of the Commissioners for Her Majesty’s Revenue and Customs;

(b)“authorised immigration officer” means an immigration officer acting with the authority (which may be general or specific) of the Secretary of State.”

(12)In section 26B of the 1995 Act (interpretation of Part 3 etc), in subsection (1), after the definition of “authorised officer” insert—

““immigration offence” means an offence involving conduct which relates to the entitlement of one or more persons who are not nationals of the United Kingdom to enter, transit across, or be in, the United Kingdom (including conduct which relates to conditions or other controls on any such entitlement);

“immigration enforcement offence” means any of the following offences (insofar as they are not immigration or nationality offences)—

(a)

an offence under section 26(1)(a), (b) or (g) of the Immigration Act 1971 (refusal or failure to submit to examination or to furnish information etc, or obstruction of immigration officer);

(b)

an offence under section 22 of the UK Borders Act 2007 (assaulting an immigration officer);

“nationality offence” means an offence involving conduct which is undertaken for the purposes of, or otherwise in relation to, an enactment in—

(a)in subsection (1), in the definition of “officer of law”, after paragraph (ba) insert—

“(bb)subject to subsection (1AA) below, an immigration officer acting with the authority (which may be general or specific) of the Secretary of State;”;

(b)after subsection (1A) insert—

“(1AA)The inclusion of immigration officers as “officers of law” shall have effect only in relation to immigration offences and nationality offences (within the meaning of Part 3 of the Criminal Law (Consolidation) (Scotland) Act 1995).”;

(c)in subsection (1B), for the words from “this Act” to “had the authority” substitute “this Act—

(a)a certificate of the Commissioners for Her Majesty’s Revenue and Customs that an officer of Revenue of Customs, or

(b)a certificate of the Secretary of State that an immigration officer,

had the authority”.

(14)Schedule 21 (powers of immigration officers: further provision) has effect.

Drugs and driving

56Drugs and driving

“5ADriving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit

(1)This section applies where a person (“D”)—

(a)drives or attempts to drive a motor vehicle on a road or other public place, or

(b)is in charge of a motor vehicle on a road or other public place,

and there is in D’s body a specified controlled drug.

(2)D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the specified limit for that drug.

(3)It is a defence for a person (“D”) charged with an offence under this section to show that—

(a)the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,

(b)D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and

(c)D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).

(4)The defence in subsection (3) is not available if D’s actions were—

(a)contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or

(b)contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.

(5)If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6)It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.

(7)The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.

(a)by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

(b)by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

(9)A limit specified under subsection (2) may be zero.”

(2)In section 11 of the 1988 Act (interpretation of sections 3A to 10), in subsection (2)—

(a)before the definition of “drug” insert—

““controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971,”;

(b)at the end insert—

““specified”, in relation to a controlled drug, has the meaning given by section 5A(8)”.

(3)In section 195 of the 1988 Act (provisions as to regulations), in subsection (3), and in subsections (4) and (4A) (regulations subject to affirmative resolution procedure), before “8(3)” insert “5A,”.

(4)In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), after the entry beginning “RTA section 5(1)(b)” insert—

On conviction in England and Wales: 51 weeks or level 5 on the standard scale or both. On conviction in Scotland: 6 months or level 5 on the standard scale or both.

Obligatory.

Obligatory.

3-11

RTA section 5A(1)(b) and (2)

Being in charge of a motor vehicle with concen-tration of specified controlled drug above specified limit.

Summarily.

On conviction in England and Wales: 51 weeks or level 4 on the standard scale or both. On conviction in Scotland: 3 months or level 4 on the standard scale or both.

Discretionary.

Obligatory.

10”.

(5)In the entry inserted by subsection (4) beginning “RTA section 5A(1)(a) and (2)”, in relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 6 months.

(6)In the entry inserted by subsection (4) beginning “RTA section 5A(1)(b) and (2)”, in relation to an offence committed before the commencement of section 280(2) of the Criminal Justice Act 2003 the reference to 51 weeks (on conviction in England and Wales) is to be read as a reference to 3 months.

Public order

57Public order offences

(2)In section 5(1) (harassment, alarm or distress) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.

(3)In section 6(4) (mental element: miscellaneous) for “, abusive or insulting” in the two places where it occurs substitute “or abusive”.

General

58Orders and regulations

(1)Orders and regulations made by the Secretary of State or Lord Chancellor under this Act are to be made by statutory instrument.

(2)An order made by the Secretary of State under section 2 is subject to super-affirmative procedure.

(3)Schedule 23 (super-affirmative procedure) has effect.

(4)The Secretary of State or Lord Chancellor may not make a statutory instrument containing any of the following (whether or not also containing other provisions) unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(j)an order under section 59 which amends or repeals any provision of primary legislation;

(k)an order under section 61 bringing anything in Part 4 of Schedule 16 into force or bringing section 44 into force so far as relating to anything in that Part of that Schedule, other than an order which makes the provision permitted by section 61(8) or (9);

(l)an order under paragraph 5 of Schedule 24.

(5)A statutory instrument made by the Secretary of State or Lord Chancellor containing any of the following is subject to annulment in pursuance of a resolution of either House of Parliament—

(e)an order under section 59 which does not amend or repeal any provision of primary legislation;

(f)an order under paragraph 1, 2, 3 or 4 of Schedule 24;

(g)an order under Schedule 25.

(6)Subsection (5) does not apply to a statutory instrument that is subject to a requirement that a draft of the instrument be laid before, and approved by a resolution of, each House of Parliament.

(7)Any provision that may be made by the Secretary of State by order under this Act may be made by the Secretary of State by regulations (and where, in reliance on this subsection, provision is made by regulations instead of by order, this Act applies in relation to the regulations as it would otherwise apply in relation to the order).

(8)Any provision that may be made by the Secretary of State by regulations under this Act may be made by the Secretary of State by order (and where, in reliance on this subsection, provision is made by order instead of by regulations, this Act applies in relation to the order as it would otherwise apply in relation to the regulations).

(9)An order made by the Scottish Ministers under paragraph 27 or 28 of Schedule 5 is subject to the negative procedure unless it amends or repeals any provision of primary legislation, in which case it is subject to the affirmative procedure.

(10)An order made by the Department of Justice in Northern Ireland under paragraph 27 or 28 of Schedule 5 is to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

(11)A statutory rule containing such an order is subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954) unless it amends or repeals any provision of primary legislation, in which case it may not be made unless a draft has been laid before, and approved by a resolution of, the Northern Ireland Assembly.

(12)An order or regulations made under this Act by the Secretary of State, the Lord Chancellor, the Scottish Ministers or the Department of Justice in Northern Ireland may—

(a)make different provision for different purposes or areas,

(b)include supplementary, incidental or consequential provision, or

(c)make transitional, transitory or saving provision.

(13)In this section—

“primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

a Measure or Act of the National Assembly for Wales, or

(d)

Northern Ireland legislation;

“super-affirmative procedure” means the procedure provided for by Schedule 23.

59Consequential amendments

(1)The Secretary of State or Lord Chancellor may by order make such provision as the Secretary of State or Lord Chancellor (as the case may be) considers appropriate in consequence of this Act.

(2)The power to make an order under this section may, in particular, be exercised by amending, repealing, revoking or otherwise modifying any provision made by or under an enactment.

(3)In this section “enactment” means an enactment whenever passed or made, and includes an Act of the Scottish Parliament, a Measure or Act of the National Assembly for Wales and Northern Ireland legislation.

60Transitional, transitory or saving provision

The Secretary of State or Lord Chancellor may by order make such transitional, transitory or saving provision as the Secretary of State or Lord Chancellor (as the case may be) considers appropriate—

(a)in connection with the coming into force of any provision of this Act, or

(b)where Part 4 of Schedule 16 and section 44 so far as relating to that Part of that Schedule are brought into force in relation to a specified area for a specified period, in connection with those provisions ceasing to be in force at the end of that period or at the end of that period as continued under section 61(9).

61Short title, commencement and extent

(1)This Act may be cited as the Crime and Courts Act 2013.

(2)Subject as follows, this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes and, in the case of Part 4 of Schedule 16 and section 44 so far as relating to that Part of that Schedule, for different areas.

(3)Sections 17, 20 to 30 and 32 and Schedules 9 to 11, 13 and 14 come into force on such day as the Lord Chancellor may by order appoint; and different days may be appointed for different purposes.

(4)Subsection (3) does not apply to—

(a)Part 5 of Schedule 13, or section 20 so far as relating to that Part;

(b)section 26(2).

(5)Section 19 comes into force on the day after the day on which this Act is passed.

(6)Sections 26(2), 31 and 33 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(7)Sections 34 to 39 come into force at the end of the period of one year beginning with the day on which a body is established by Royal Charter with the purpose of carrying on activities relating to the recognition of independent regulators of relevant publishers (as defined by section 41).

(8)An order which brings the monitoring provisions into force only in relation to a specified area may provide that they are to be in force in relation to that area for a specified period; and in this subsection and subsection (9) “the monitoring provisions” means Part 4 of Schedule 16, and section 44 so far as relating to that Part of that Schedule.

(9)An order containing the provision permitted by subsection (8) may be amended by a subsequent order under subsection (2) so as to continue the monitoring provisions in force in relation to the area concerned for a further period.

(10)An order which includes provision for the commencement of section 49 or Schedule 19 may not be made unless the Secretary of State has consulted the Scottish Ministers.

(11)The following come into force on the day on which this Act is passed—

(a)Part 5 of Schedule 13, and section 20 so far as relating to that Part;

(b)section 43;

(c)section 48 (except subsection (6)(a));

(d)Part 2 of Schedule 18;

(e)sections 58 to 60 and this section;

(f)Schedules 24 and 25.

(12)Subject as follows, this Act extends to England and Wales, Scotland and Northern Ireland.

(13)The following extend to England and Wales only—

(a)section 24;

(b)section 32;

(c)section 33;

(d)sections 34 to 42;

(e)paragraph 30 of Schedule 16 and section 44 so far as relating to that paragraph, but only so far as relating to disclosure or use of information by a person appointed under section 2(1) of the Courts Act 2003 or provided under a contract made by virtue of section 2(4) of that Act;

(f)the amendments and repeals made by this Act in sections 4(5A) to (6A) and 6(2) of the Maintenance Orders (Facilities for Enforcement) Act 1920, in sections 8(4) and 33(3) of the Maintenance Orders (Reciprocal Enforcement) Act 1972 and in section 14 of the Contempt of Court Act 1981;

(g)paragraphs 1 to 31 and 39 of Schedule 17, and section 45 so far as relating to those paragraphs.

(14)The amendments made by this Act in the Industrial and Provident Societies Act 1965 extend to England and Wales, and Scotland, only.

(15)Except as provided by subsections (13) and (14), an amendment, repeal or revocation has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council).

(16)Subsection (15) applies to section 43 only so far as the provisions amended extend to England and Wales or apply in relation to service offences.

(17)Subsection (15) does not apply to amendments made by section 27(13) and (14) or to the amendments made by this Act in the Government Annuities Act 1929 or the Friendly Societies Act 1974 (which amendments, accordingly, extend to England and Wales, Scotland and Northern Ireland only).

(20)Her Majesty may by Order in Council provide for any provision of section 51, 52, 53 or 54 to extend, with or without modifications, to—

(a)any of the Channel Islands, or

(b)the Isle of Man.

(21)Her Majesty may by Order in Council provide for provisions of Part 8 of Schedule 16 (amendments of Armed Forces Act 2006) to extend, with or without modifications, to—

(a)any of the Channel Islands,

(b)the Isle of Man, or

(c)any of the British overseas territories.

(22)The power conferred by section 338 of the Criminal Justice Act 2003 (power to extend to Channel Islands and Isle of Man) is exercisable in relation to any amendment of that Act that is made by or under this Act.

(23)The power conferred by section 52(2) of the Civil Jurisdiction and Judgments Act 1982 (power to extend to Channel Islands, Isle of Man and British overseas territories) is exercisable in relation to any amendment of that Act that is made by or under this Act.

SCHEDULES

Section 1

SCHEDULE 1The NCA & NCA officers

Part 1The NCA

Functions exercisable on behalf of Crown

1NCA functions are exercisable on behalf of the Crown.

Efficiency and effectiveness

2It is the duty of the Director General to secure that NCA functions are discharged efficiently and effectively.

Financial year

3(1)The first financial year of the NCA is the period that—

(a)begins with the day on which section 1 comes into force, and

(b)ends with the following 31 March.

(2)After that, the financial year of the NCA is the period of 12 months ending with 31 March.

Charging

4(1)The NCA may charge a person for any service provided at the person’s request.

(2)This paragraph has effect subject to Part 5 of Schedule 3 (payment for tasks, assistance or facilities).

(3)In this paragraph “service” means a service of any kind (including the provision of facilities) which is provided by means of the exercise of any NCA function.

Activities not limited to dealing with serious or organised crime

5(1)For the purposes of the discharge of NCA functions which relate to organised crime or serious crime, an NCA officer may, in particular, carry on activities in relation to any kind of crime (whether or not serious or organised).

(2)In circumstances in which an NCA officer reasonably suspects that an offence is about to be, or is being, committed, that officer is not prevented from exercising powers merely because the offence does not relate to organised crime or serious crime.

Activities in Scotland

6(1)An NCA officer may only carry out activities in Scotland in relation to an offence which an NCA officer suspects has been committed (or is being committed) if the NCA officer does so with the agreement of the Lord Advocate.

(2)In carrying out such activities in Scotland, an NCA officer must comply with any direction (whether general or specific) given by the Lord Advocate or the procurator fiscal.

(3)If an NCA officer suspects that an offence has been committed (or is being committed) in Scotland, the NCA officer must report the matter to the procurator fiscal (or ensure that the matter is so reported by another NCA officer) as soon as is practicable.

Part 2NCA officers

Selection and appointment of the Director General

7(1)The Secretary of State is to select and appoint the Director General, after consultation with—

(a)the Scottish Ministers, and

(b)the Department of Justice in Northern Ireland.

(2)A person may not be appointed as Director General unless the Secretary of State is satisfied that the person—

(a)is capable of effectively exercising operational powers; and

(b)is a suitable person to exercise operational powers.

(3)A person need not be an NCA officer before appointment as the Director General.

(4)The Director General is to hold and vacate office in accordance with the terms and conditions of the appointment (subject to paragraph 8).

(5)The terms and conditions of an appointment as Director General are to be determined by the Secretary of State.

(6)The terms and conditions of an appointment as Director General must provide for that appointment to last for a period which does not exceed 5 years; and a person who has previously been, or currently is, Director General may be appointed again as Director General.

(7)Sections 10 to 14 of the Constitutional Reform and Governance Act 2010 (appointments of civil servants) do not apply to the appointment of the Director General.

Resignation or retirement of the Director General at request of Secretary of State

8(1)The Secretary of State may call upon the Director General to resign or retire—

(a)in the interests of efficiency or effectiveness, or

(b)because of misconduct by the Director General.

(2)The Secretary of State must comply with sub-paragraphs (3) and (4) before calling upon the Director General to resign or retire.

(3)The Secretary of State must consult—

(a)the Scottish Ministers, and

(b)the Department of Justice in Northern Ireland.

(4)The Secretary of State must—

(a)give the Director General a written explanation of the reasons why the Secretary of State is proposing to call for the resignation or retirement;

(b)give the Director General the opportunity to make written representations about the proposal to call for the resignation or retirement; and

(c)consider any written representations made by the Director General.

(5)The Director General must resign or retire if called upon to do so in accordance with this paragraph.

Selection of other NCA officers for appointment

9(1)The Director General is to select other persons for appointment as National Crime Agency officers.

(2)The terms and conditions of an appointment as an NCA officer (other than as Director General) are to be determined by the Director General with the agreement of the Minister for the Civil Service.

(3)This paragraph does not apply to NCA specials.

Delegation of Director General’s functions

10(1)The Director General may arrange for any function of the Director General to be exercised by a senior NCA officer who is designated for the purpose by the Director General.

(2)A designation under this paragraph may provide for a function to be exercised by—

(a)one or more senior NCA officers specified in the designation, or

(b)one or more senior NCA officers of a description specified in the designation.

(3)The Director General’s powers of direction under section 5(5) and paragraph 11 of Schedule 3 may not be delegated under this paragraph.

(4)But those powers of direction may, in the absence of the Director General for any reason, be exercised by a senior NCA officer nominated for this purpose by the Director General.

(5)In this paragraph “senior NCA officer” means an NCA officer who is at, or above, a grade specified for this purpose by the Secretary of State in the framework document.

Continuity

11(1)Anything done by or in relation to the Director General may be continued by or in relation to the Director General regardless of which individual holds that office at any time.

(2)Anything done by or in relation to one NCA officer (except the Director General) may be continued by or in relation to any other such NCA officer.

Persons with operational powers who become NCA officers

12(1)If a person holds a relevant office when the person becomes an NCA officer (the “existing office”), the person’s holding of the existing office—

(a)is suspended from the time when the person becomes an NCA officer;

(b)but is revived if the person—

(i)ceases to be an NCA officer, and

(ii)returns to service as holder of the existing office.

(2)Sub-paragraph (1) ceases to apply to a person who resigns from, or otherwise ceases to hold, the other office.

(3)In this paragraph “relevant office”, in relation to a person who is an NCA officer, means any other office by virtue of which that person has operational powers (such as the office of constable, officer of Revenue and Customs, or immigration officer), apart from the office of special constable or constable in the Police Service of Northern Ireland Reserve.

Secondments to NCA

13(1)The Director General may make arrangements for persons to be seconded to the NCA to serve as National Crime Agency officers.

(2)A member of a police force on temporary service with the NCA is to be under the direction and control of the Director General.

(3)Paragraph 12(1) does not apply to a member of a special police force who is an NCA officer by virtue of a secondment.

Secondments by NCA

14(1)The Director General may make arrangements for NCA officers to be seconded to a UK police force.

(2)An NCA officer who is seconded to a UK police force is, whilst on secondment, under the direction and control of the chief officer of the police force (but is not a member of the police force).

NCA specials

15(1)The Director General may select and appoint persons as National Crime Agency officers on a part-time unpaid basis (and such persons are referred to in this Part of this Act as “NCA specials”).

(2)The terms and conditions of an appointment as an NCA special are to be determined by the Director General.

(3)Sub-paragraph (1) does not prevent NCA specials from working otherwise than on a part-time basis if the Director General considers that it is appropriate for them to do so because of exceptional circumstances.

(c)the payment of sums to, or in respect of, current or former NCA specials to compensate for loss attributable to injury or death resulting from the performance of duties as NCA specials.

(5)The Director General—

(a)may designate an NCA special under section 10 as a person having the powers and privileges of a constable; but

(b)may not so designate an NCA special as a person having the powers of an officer of Revenue and Customs or the powers of an immigration officer.

(6)If an NCA special is designated as a person having the powers and privileges of a constable, paragraph 11(1)(b) to (d) of Schedule 5 (powers and privileges in Scotland, Northern Ireland and outside the UK) do not apply in relation to the NCA special.

(7)The Director General may not—

(a)under paragraph 10, arrange for any function to be exercised by an NCA special or nominate an NCA special to exercise a power of direction;

(b)provide an NCA special by way of assistance under Part 3 of Schedule 3 (whether in response to a request or a direction).

(8)The Secretary of State may not appoint an NCA special to be a member of an advisory panel under paragraph 4 of Schedule 5 to make recommendations about the operational powers of the Director General.

(9)The no-strike provisions in section 13 do not apply in relation to NCA specials.

(10)No determination under regulations under section 14 may be made in relation to the pay and allowances and other terms and conditions of employment of NCA specials.

(11)If a person is both—

(a)an NCA special designated as a person having the powers and privileges of a constable, and

(b)a special constable or a member of the Police Service of Northern Ireland Reserve,

none of the operational powers which the person has as an NCA special are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve.

(12)A person is not a civil servant by virtue of being an NCA special.

Section 4

SCHEDULE 2The framework document & annual report

Part 1The framework document

The document

1(1)The framework document is a document which deals with ways in which the NCA is to operate, including—

(a)ways in which NCA functions are to be exercised (including arrangements for publishing information about the exercise of NCA functions and other matters relating to the NCA), and

(b)ways in which the NCA is to be administered (including governance and finances of the NCA).

(2)Section 6(2) makes further provision about what may be included in the framework document.

Duty to issue document

2The Secretary of State must—

(a)issue the framework document;

(b)keep the framework document under review; and

(c)if the Secretary of State considers it appropriate, issue a new framework document (which may be wholly or partly different from the existing framework document).

Duty to have regard to document

3The Secretary of State must have regard to the framework document in exercising functions in relation to the NCA, the Director General or any other NCA officer.

Role of Director General

4(1)The Secretary of State must—

(a)consult the Director General in preparing any framework document; and

(b)obtain the consent of the Director General before issuing any framework document.

(2)The Director General’s duty to have regard to the annual plan in exercising functions does not apply in relation to functions under sub-paragraph (1).

Consultation with devolved administrations

5The Secretary of State must consult—

(a)the Scottish Ministers, and

(b)the Department of Justice in Northern Ireland,

before issuing the first framework document or any other framework document which is, in the Secretary of State’s view, significantly different from the framework document it replaces.

Publication & distribution

6(1)This paragraph applies on each occasion when the Secretary of State issues a framework document.

(2)The Secretary of State must—

(a)arrange for the framework document to be published in the manner which the Secretary of State considers appropriate,

(b)send a copy of the framework document to—

(i)the Scottish Ministers, and

(ii)the Department of Justice in Northern Ireland, and

(c)lay the framework document before Parliament.

(3)The Scottish Ministers must lay a copy of the framework document before the Scottish Parliament.

(4)The Department of Justice in Northern Ireland must lay a copy of the framework document before the Northern Ireland Assembly.

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) as it applies in relation to the laying of a statutory document under an enactment.

Part 2The annual report

Duty to issue report

7(1)As soon as possible after the end of each financial year, the Director General must issue a report on the exercise of the NCA functions during that year (the “annual report”).

(2)The annual report relating to a financial year must include an assessment of the extent to which the annual plan for that year has been carried out.

Publication & distribution

8(1)The Director General must—

(a)arrange for the annual report to be published in the manner which the Director General considers appropriate, and

(b)send a copy of the annual report to—

(i)the strategic partners, and

(ii)the Secretary of State.

(2)The Secretary of State must lay a copy of the annual report before Parliament.

(3)The Scottish Ministers must lay a copy of the annual report before the Scottish Parliament.

(4)The Department of Justice in Northern Ireland must lay a copy of the annual report before the Northern Ireland Assembly.

(5)Section 41(3) of the Interpretation Act (Northern Ireland) 1954 applies for the purposes of sub-paragraph (4) as it applies in relation to the laying of a statutory document under an enactment.

Section 5

SCHEDULE 3Relationships between NCA and other agencies

Part 1Co-operation

Duty to co-operate

1(1)It is the duty of NCA officers to co-operate with the persons listed in sub-paragraph (3) for the purpose of assisting those persons in their activities to combat crime.

(d)designated customs officials (within the meaning of Part 1 of the Borders, Citizenship and Immigration Act 2009);

(e)members of the Serious Fraud Office;

(f)any other persons operating in England, Scotland, Northern Ireland or Wales charged with the duty of investigating organised crime or serious crime.

Co-operation arrangements

2For the purposes of the discharge of any function of the NCA, the NCA may enter into arrangements for co-operating with other persons (in the United Kingdom or elsewhere).

Part 2Exchange of information

Duty to keep NCA informed & disclose information: police forces

3(1)The chief officers of each UK police force must keep the Director General informed of any information held by that police force which appears to the chief officer to be relevant to the exercise by the NCA of—

(a)the crime-reduction function,

(b)the criminal intelligence function, or

(c)functions conferred by the Proceeds of Crime Act 2002.

(2)Where the chief officer of such a police force informs the Director General of such information, the chief officer must disclose to the NCA any of that information which the Director General requests the chief officer to disclose.

(3)This paragraph does not require the chief officer of a police force to keep the Director General informed of information which appears to the chief officer to be information obtained (whether directly or indirectly) from the NCA.

Duty to keep police forces informed

4(1)The Director General must keep the chief officers of each UK police force informed of any information obtained by the NCA in the exercise of any NCA function which appears to the Director General to be relevant to the exercise by that chief officer or any other member of that police force of any functions.

(2)This paragraph does not require the Director General to keep the chief officer of a police force informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that chief officer or any other member of that police force.

Duty to keep NCA informed: government bodies

5(1)Each specified body must keep the Director General informed of any information held by that body which—

(a)is held in connection with the exercise of a relevant function of that body, and

(b)appears to that body to be relevant to the exercise by the NCA of—

(i)the crime-reduction function,

(ii)the criminal intelligence function, or

(iii)functions conferred by the Proceeds of Crime Act 2002.

(2)Where a specified body informs the Director General of such information, that body must disclose to the NCA any of that information which the Director General requests that body to disclose.

(3)This paragraph does not require a specified body to keep the Director General informed of information which appears to that body to be information obtained (whether directly or indirectly) from the NCA.

(4)This paragraph does not require the Director of the Serious Fraud Office to keep the Director General informed of, or to disclose to the NCA, any information obtained under section 2(2) or (3) of the Criminal Justice Act 1987 (information which the Director of the SFO may require a person to produce etc).

Duty to keep government bodies informed

6(1)The Director General must keep each specified body informed of any information obtained by the NCA in the exercise of any NCA function which appears to the Director General to be relevant to the exercise by that specified body of any relevant function for the purposes of carrying out activities to combat crime.

(2)This paragraph does not require the Director General to keep a specified body informed of information which appears to the Director General to be information obtained (whether directly or indirectly) from that body.

Meaning of “specified body” & “relevant function”

(a)“specified body” means a body specified in the first column of this table;

(b)“relevant function”, in relation to such a body, means a function that falls within the functions specified in relation to that body in the second column of this table.

Specified bodies

Relevant functions

The Secretary of State.

Functions relating to immigration, nationality or customs.

The Director of Border Revenue.

All functions.

The Director of the Serious Fraud Office.

Investigatory functions (but not any prosecution functions).

Part 3Assistance within the UK

Voluntary assistance by NCA: the UK, the Channel Islands & the Isle of Man

8(1)The Director General may provide assistance to—

(a)a UK police force, or

(b)an Island police force;

if the chief officer of the police force requests assistance to be provided.

(2)The Director General may provide assistance to—

(a)a UK law enforcement agency, or

(b)an Island law enforcement agency,

if the agency requests assistance to be provided.

(3)A request may be made under this paragraph only if the chief officer, or agency, considers that the police force, or agency, has a special need for the Director General to provide assistance.

(4)A request under this paragraph must—

(a)state the special need for assistance, and

(b)specify the assistance that is wanted.

(5)If a request is made under this paragraph, the Director General may provide such assistance as the Director General considers appropriate in all the circumstances.

Voluntary assistance to NCA: the UK

9(1)The chief officer of a UK police force may provide assistance to the NCA if the Director General requests assistance to be provided.

(2)A UK law enforcement agency may provide assistance to the NCA if the Director General requests assistance to be provided.

(3)A request may be made under this paragraph only if the Director General considers that the NCA has a special need for the chief officer, or agency, to provide assistance.

(4)A request under this paragraph must—

(a)state the special need for assistance, and

(b)specify the assistance that is wanted.

(5)If a request is made under this paragraph, a chief officer, or law enforcement agency, may provide such assistance as the chief officer, or agency, considers appropriate in all the circumstances.

Directed assistance by NCA: England and Wales police etc

10(1)The Secretary of State may direct the Director General to provide specified assistance to—

(a)an England and Wales police force,

(b)a special police force,

(c)the Commissioners for Her Majesty’s Revenue and Customs;

(d)the Director of the Serious Fraud Office;

(e)the Director of Border Revenue;

(f)any other person operating—

(i)in England, or

(ii)in England and in Scotland, Northern Ireland or Wales (or two or more of those parts of the United Kingdom),

charged with the duty of investigating or prosecuting offences (apart from a UK police force).

(2)A direction may be given under this paragraph only if it appears to the Secretary of State that it is appropriate for the police force or other persons or person to receive directed assistance from the Director General.

Directed assistance to NCA: England and Wales police etc

11(1)The Director General may direct any of the following to provide specified assistance to the NCA—

(a)the chief officer of an England and Wales police force;

(b)the Chief Constable of the British Transport Police;

(c)the Commissioners for Her Majesty’s Revenue and Customs;

(d)the Director of the Serious Fraud Office;

(e)the Director of Border Revenue.

(2)A direction may be given under this paragraph only if—

(a)it appears to the Director General that it is appropriate for the NCA to receive directed assistance from the chief officer of the police force or from the other persons or person; and

(b)the appropriate consent is given to the direction.

(3)For that purpose “appropriate consent” means—

(a)the consent of the Secretary of State (in the case of a direction to the chief officer of an England and Wales police force or a direction to the Chief Constable of the British Transport Police);

(b)the consent of the Secretary of State and the consent of the Treasury (in the case of a direction to the Commissioners or the Director of Border Revenue);

(c)the consent of the Secretary of State and the consent of the Attorney General (in the case of a direction to the Director of the Serious Fraud Office).

Directed assistance by NCA: Scotland

12(1)The Scottish Ministers may direct the Director General to provide specified assistance to the Police Service of Scotland.

(2)A direction may be given under this paragraph only if—

(a)it appears to the Scottish Ministers that it is appropriate for the Police Service to receive directed assistance from the Director General; and

(b)the Secretary of State consents to the direction.

Directed assistance to NCA: Scotland

13The Scottish Ministers may direct the chief constable of the Police Service of Scotland to provide specified assistance to the NCA if it appears to the Scottish Ministers that it is appropriate for the NCA to receive directed assistance from the chief constable.

Directed assistance by NCA: Northern Ireland

14(1)The Department of Justice in Northern Ireland may direct the Director General to provide specified assistance to the Police Service of Northern Ireland.

(2)A direction may be given under this paragraph only if—

(a)it appears to the Department of Justice that it is appropriate for the Police Service to receive directed assistance from the Director General; and

(b)the Secretary of State consents to the direction.

Directed assistance to NCA: Northern Ireland

15(1)The Department of Justice in Northern Ireland may direct the Chief Constable of the Police Service of Northern Ireland to provide specified assistance to the NCA if it appears to the Department that it is appropriate for the NCA to receive directed assistance from the Chief Constable.

(2)Before giving such a direction, the Department of Justice must consult—

(a)the Northern Ireland Policing Board, and

(b)any other persons the Department considers it appropriate to consult.

When is it appropriate for a person to receive directed assistance?

16For the purposes of this Part of this Schedule, it is appropriate for a person (“R”) to receive directed assistance from another person (“P”) if—

(a)R has a special need for assistance from P,

(b)it is expedient for P to provide the assistance, and

(c)satisfactory arrangements for P to provide assistance to R cannot be made, or cannot be made in time, under paragraph 8 or 9.

Voluntary or directed assistance: particular assistance that may be provided

17(1)A person may provide any of the following in response to a request for assistance, and a direction may require the provision of any of the following—

(a)equipment;

(b)NCA officers (if assistance is to be provided by the Director General);

(c)constables (if assistance is to be provided by the chief officer of a police force);

(d)members of staff of a UK law enforcement agency (if assistance is to be provided by such an agency).

(2)That does not limit the kinds of assistance that may be provided or required.

(3)In this paragraph—

“direction” means a direction under any provision of this Part of this Schedule;

“request for assistance” means such a request under any provision of this Part of this Schedule.

Voluntary or directed assistance: control of individuals provided for assistance

18(1)An individual who is provided under this Part of this Schedule—

(a)to assist the NCA is, whilst so provided, under the direction and control of the Director General;

(b)to assist a UK police force is, whilst so provided, under the direction and control of the chief officer of the police force;

(c)to assist a UK law enforcement agency is, whilst so provided, under the direction and control of the agency.

(2)That rule applies despite anything contained in—

(a)any other enactment, or

(b)any agreement made under any other enactment.

(3)In this paragraph “individual” includes—

(a)an NCA officer;

(b)a constable;

(c)a member of the staff of a law enforcement agency.

Part 4Use of police facilities etc by NCA

Voluntary arrangements: police forces outside London

19(1)The Director General and a relevant body (or both those bodies) may make arrangements for the NCA to use facilities made available by the police force maintained for a police area listed in Schedule 1 to the Police Act 1996 (police areas in England and Wales outside London).

(2)In this paragraph “relevant body”, in relation to the police force maintained for a police area, means—

(a)the police and crime commissioner for that police area, or

(b)the chief constable of that police force.

Voluntary arrangements: the metropolitan police force

20(1)The Director General and a relevant metropolitan body (or both those bodies) may make arrangements for the NCA to use facilities made available by the metropolitan police force.

(2)In this paragraph “relevant metropolitan body” means—

(a)the Mayor’s Office for Policing and Crime, or

(b)the Commissioner of Police of the Metropolis.

Voluntary arrangements: the City of London police force

21The Director General and the Common Council of the City of London (in its capacity as police authority for the City of London police area) may make arrangements for the NCA to use facilities made available by the City of London police force.

Voluntary arrangements: immigration or customs facilities

22(1)The Director General and the Secretary of State may make arrangements for the NCA to use immigration facilities made available by the Secretary of State.

(2)The Director General and a relevant person (or both those persons) may make arrangements for the NCA to use customs premises made available by the relevant person (or both those persons).

Directions

35(1)A person given a direction under this Schedule must comply with it.

(2)A direction under this Schedule may not relate to the prosecution functions of any person.

Interpretation

36In this Schedule—

“fundholding body” means—

(a)

the policing body (in relation to any UK police force other than the Police Service of Northern Ireland);

(b)

the Police Service of Northern Ireland (in relation to that Police Service);

“specified”, in relation to a direction under any provision of this Schedule, means specified in the direction.

Section 8

SCHEDULE 4NCA: general

Regulations as to equipment

1(1)The Secretary of State may make regulations requiring equipment used by the NCA to satisfy such requirements as to design and performance as may be prescribed by the regulations.

(2)The Secretary of State may, by regulations, make any of the following kinds of provision—

(a)provision requiring the NCA, when using equipment for the purposes specified in the regulations, to use only—

(i)the equipment which is specified in the regulations,

(ii)equipment which is of a description so specified, or

(iii)equipment which is of a type approved by the Secretary of State in accordance with the regulations;

(b)provision prohibiting the NCA from using equipment of a type approved as mentioned in sub-paragraph (a)(iii) except—

(i)where the conditions subject to which the approval was given are satisfied, and

(ii)in accordance with the other terms of that approval;

(c)provision requiring equipment used by the NCA to comply with such conditions as may be specified in the regulations, or as may be approved by the Secretary of State in accordance with the regulations;

(d)provision prohibiting the NCA from using equipment specified in the regulations, or any equipment of a description so specified.

(3)Before making regulations under this section, the Secretary of State must consult—

(a)the Director General, and

(b)such other persons as the Secretary of State considers appropriate.

(4)In this paragraph “equipment” includes—

(a)vehicles, and

(b)headgear and protective and other clothing.

Liability of NCA for unlawful acts

2(1)In any of the following cases, the NCA is liable in respect of unlawful conduct of a person in the same manner as an employer is liable in respect of unlawful conduct of employees in the course of their employment.

(2)The first case is where the unlawful conduct is conduct of a constable or other person which occurs when the person is carrying out, or purporting to carry out, functions whilst—

(3)The second case is where the unlawful conduct is conduct of a person (other than an NCA officer) who is a member of an NCA-led international joint investigation team which occurs when the person is carrying out, or purporting to carry out, functions as a member of the team.

(4)The third case is where the unlawful conduct is conduct of a person carrying out surveillance under section 76A of the Regulation of Investigatory Powers Act 2000 (foreign surveillance operations).

(5)If (in any of those cases) the unlawful conduct is a tort, the NCA is accordingly to be treated as a joint tortfeasor.

(6)If—

(a)the NCA pays a sum by virtue of this paragraph, and

(b)the Secretary of State receives under any international agreement a sum by way of reimbursement (in whole or in part) of the sum paid by the NCA,

the Secretary of State must pay to the NCA the sum received by way of reimbursement.

(7)This paragraph does not affect the liability of the NCA for the conduct of NCA officers.

(8)References in this paragraph to unlawful conduct by a person include references to unlawful conduct by a person in reliance, or purported reliance, on a designation under section 9 or 10.

Assaults or obstruction in connection with joint investigation teams

3(1)A person commits an offence if the person assaults a member of an NCA-led international joint investigation team who is carrying out functions as a member of the team.

(2)A person guilty of that offence is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding level 5 on the standard scale.

(3)A person commits an offence if the person resists or wilfully obstructs a member of an NCA-led international joint investigation team who is carrying out functions as a member of that team.

(4)A person guilty of that offence is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)1 month on conviction in Northern Ireland;

(b)a fine not exceeding level 3 on the standard scale.

(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—

(a)the reference in sub-paragraph (2)(a) to the period of 51 weeks is to be read as a reference to the period of 6 months; and

(b)the reference in sub-paragraph (4)(a) to the period of 51 weeks is to be read as a reference to the period of 1 month.

(a)an NCA secondee is to be treated as being employed by the NCA (and as not being employed by any other person); and

(b)anything done by an NCA secondee in the performance, or purported performance, of his functions as an NCA secondee is to be treated as done in the course of that employment.

(4)Those provisions are—

(a)Article 42 of the Sex Discrimination (Northern Ireland) Order 1976;

(b)section 58 of the Disability Discrimination Act 1995;

(c)Article 32 of the Race Relations (Northern Ireland) Order 1997;

(d)Article 36 of the Fair Employment and Treatment (Northern Ireland) Order 1998.

(5)In this paragraph “NCA secondee” means any constable or other person who has been seconded to the NCA to serve as an NCA officer.

Interpretation

5(1)In this Schedule “NCA-led international joint investigation team” means any investigation team which is formed under the leadership of an NCA officer and is formed in accordance with—

(a)any framework decision on joint investigation teams adopted under Article 87 of the Treaty on the Functioning of the European Union;

(b)the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union and the Protocol to that Convention established in accordance with that Article of the Treaty; or

(c)any international agreement to which the United Kingdom is a party and which is specified in an order made by the Secretary of State.

(2)A reference in this paragraph to Article 87 of the Treaty on the Functioning of the European Union includes a reference to Article 34 of the Treaty on European Union (as it had effect before 1 December 2009).

(b)an appropriate number of other members (the “expert members”) who, when taken together, have appropriate knowledge of the following matters—

(i)the training of constables in England and Wales police forces;

(ii)the training of officers of Revenue and Customs and general customs officials to exercise powers in relation to customs matters;

(iii)the training of immigration officers;

(iv)the training of NCA officers.

(4)The expert members of the advisory panel must—

(a)consider the question of the adequacy of the Director General’s training, and

(b)give the panel’s chair such information in respect of their consideration of that question as the chair may require.

(5)The panel’s chair must then—

(a)consider the information given by the expert members,

(b)decide the question of the adequacy of the Director General’s training, and

(c)produce a report containing recommendations as to the operational powers which the Director General should have.

(6)The report must not recommend that the Director General should have a particular operational power unless the panel’s chair has decided that the Director General has received adequate training in respect of that power.

(7)That process for producing a report is to be conducted in accordance with the terms of appointment of the advisory panel (which may include terms about the particular operational powers in respect of which the question of the adequacy of the Director General’s training is to be considered).

(8)A reference in this paragraph to the question of the adequacy of the Director General’s training is a reference to—

(a)which operational powers the Director General has received adequate training in respect of, and

(b)which operational powers the Director General has not received adequate training in respect of.

(9)In this paragraph—

“adequate training”, in relation to a particular operational power, means training that is adequate to enable that power to be properly exercised;

“appropriate” means appropriate in the Secretary of State’s view;

“report” means a report for the purposes of section 9 containing recommendations as to the operational powers which the Director General should have.

No advisory panel

5(1)The Secretary of State may, by regulations, make provision about the circumstances in which the Director General may be designated as a person having operational powers otherwise than on recommendations made in accordance with paragraph 4.

(2)Regulations under this paragraph may, in particular, provide that the Secretary of State must designate the Director General as a person having particular operational powers if specified conditions are met.

(3)Those conditions may, in particular, relate to training received by a person before appointment as the Director General.

(4)In this paragraph “specified” means specified in regulations under this paragraph.

Part 3Further provision about designations under section 9 or 10

Limitations in designation

6(1)A designation may be made subject to any limitations specified in the designation.

(2)In particular, a designation may include—

(a)limitations on which operational powers the designated officer has;

(b)limitations on the purposes for which the designated officer may exercise operational powers which the person has.

Duration of designation

7(1)A designation has effect without limitation of time, unless the designation specifies a period for which it is to have effect.

(2)But that is subject to any modification or withdrawal of the designation.

NCA officers having operational powers from another office

8(1)The Director General or any other NCA officer may be designated as a person having operational powers whether or not that person already has, or previously had, any such powers.

(2)But see paragraph 12 of Schedule 1 for provision about persons who already have operational powers upon becoming NCA officers.

(3)If a person is both—

(a)an NCA officer designated as a person having operational powers, and

(b)a special constable or a member of the Police Service of Northern Ireland Reserve,

none of the operational powers which the person has as an NCA officer are exercisable at any time when the person is exercising any power or privilege which the person has as a special constable or as a member of the Police Service of Northern Ireland Reserve.

Evidence of designation

9(1)A designated officer must produce evidence of the designation if—

(a)the officer exercises, or purports to exercise, any operational power in relation to another person in reliance on the designation, and

(b)the other person requests the officer to produce such evidence.

(2)If the designated officer fails to produce such evidence, that failure does not make the exercise of the operational power invalid.

Part 4Designations: powers and privileges of constables

The Director General

10(1)If the Director General is designated as a person having the powers and privileges of a constable, the Director General has—

(a)in England and Wales and the adjacent United Kingdom waters, all the powers and privileges of an English and Welsh constable; and

(b)outside the United Kingdom and the United Kingdom waters, all the powers and privileges of a constable that are exercisable overseas.

(2)But that is subject to any limitations included in the designation.

Other NCA officers

11(1)If an NCA officer (other than the Director General) is designated as a person having the powers and privileges of a constable, the NCA officer has—

(a)in England and Wales and the adjacent United Kingdom waters, all the powers and privileges of an English and Welsh constable;

(b)in Scotland and the adjacent United Kingdom waters, all the powers and privileges of a Scottish constable;

(c)in Northern Ireland and the adjacent United Kingdom waters, all the powers and privileges of a Northern Ireland constable; and

(d)outside the United Kingdom and the United Kingdom waters, all the powers and privileges of a constable that are exercisable overseas.

(3)An NCA officer may only exercise the powers and privileges of a Scottish constable in one or other of the following cases.

(4)The first case is where—

(a)a Scottish general authorisation is in force, and

(b)the powers and privileges are exercised in accordance with that authorisation.

(5)The second case is where—

(a)a Scottish operational authorisation is in force in relation to a particular operation, and

(b)the powers and privileges are exercised—

(i)in connection with that operation, and

(ii)in accordance with that authorisation.

(6)An NCA officer may only exercise the powers and privileges of a Northern Ireland constable in one or other of the following cases.

(7)The first case is where—

(a)a Northern Ireland general authorisation is in force, and

(b)the powers and privileges are exercised in accordance with that authorisation.

(8)The second case is where—

(a)a Northern Ireland general authorisation is in force,

(b)a Northern Ireland operational authorisation is in force in relation to a particular operation, and

(c)the powers and privileges are exercised—

(i)in connection with that operation, and

(ii)in accordance with that operational authorisation.

(9)In this paragraph—

“Northern Ireland general authorisation” means an agreement between—

(a)

the Director General, and

(b)

the Department of Justice in Northern Ireland,

about the exercise of the powers and privileges of Northern Ireland constables by NCA officers;

“Northern Ireland operational authorisation” means an agreement, which is in conformity with the Northern Ireland general authorisation that is in force, between—

(a)

the Director General, and

(b)

an officer in the Police Service of Northern Ireland who is at or above the rank of Assistant Chief Constable,

about the exercise of the powers and privileges of Northern Ireland constables by NCA officers in connection with a particular operation;

“Scottish general authorisation” means an agreement between—

(a)

the Director General, and

(b)

the Scottish Ministers,

about the exercise of the powers and privileges of Scottish constables by NCA officers;

“Scottish operational authorisation” means an agreement between—

(a)

the Director General, and

(b)

an officer in the Police Service of Scotland who is at or above the rank of Assistant Chief Constable,

about the exercise of the powers and privileges of Scottish constables by NCA officers in connection with a particular operation.

Application of territorial restrictions

12Any power or privilege of a constable is, when exercisable by the Director General or any other NCA officer, subject to any territorial restrictions on its exercise to which it is subject when exercisable by a constable.

Powers exercisable under warrant

13(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise a constable to exercise any power or privilege of a constable.

(2)For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were a constable.

Direction and control of NCA officers exercising powers in Scotland

14When exercising the function of direction and control of the NCA in relation to the exercise by NCA officers of the powers and privileges of Scottish constables, the Director General must comply with any instruction given by the Lord Advocate or procurator fiscal in relation to the investigation of offences.

Employment law

15(1)An NCA officer who is designated as having the powers and privileges of a constable is not to be regarded, by virtue of having those powers and privileges, as in police service for the purposes of any provision of the relevant employment legislation.

Part 5Designations: powers of officers of Revenue and Customs

NCA officers

16(1)If an NCA officer is designated as a person having the powers of an officer of Revenue and Customs, the NCA officer has, in relation to any customs matter, the same powers as an officer of Revenue and Customs would have.

(2)But that is subject to any limitations included in the designation.

Powers only exercisable in relation to customs matters

17If a power of an officer of Revenue and Customs is exercisable both—

(a)in relation to a customs matter, and

(b)in relation to any other matter,

the power is exercisable by a designated officer only in relation to the customs matter.

Powers exercisable under warrant

18(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an officer of Revenue and Customs to exercise any power in relation to a customs matter.

(2)For the purpose of enabling a designated officer to exercise that power in relation to a customs matter, the enactment has effect as if the designated officer were an officer of Revenue and Customs.

Part 6Designations: powers of immigration officers

NCA officers

19(1)If an NCA officer is designated as a person having the powers of an immigration officer, the NCA officer has, in relation to any relevant matter, the same powers as an immigration officer would have.

(2)But that is subject to any limitation included in the designation.

(3)In this paragraph “relevant matter”, in relation to a particular power of an immigration officer, means a matter in relation to which that power may be exercised.

Powers exercisable under warrant

20(1)This paragraph applies to an enactment if it provides for the issuing of warrants which authorise an immigration officer to exercise any power of an immigration officer.

(2)For the purpose of enabling a designated officer to exercise that power or privilege, the enactment has effect as if the designated officer were an immigration officer.

Part 7Offences relating to designations

Resistance or wilful obstruction of designated officers etc

21(1)A person commits an offence if the person resists or wilfully obstructs—

(a)a designated officer acting in the exercise of an operational power, or

(b)a person who is assisting a designated officer in the exercise of such a power.

(2)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)1 month on conviction in Northern Ireland;

(b)a fine not exceeding level 3 on the standard scale.

Assault on designated officers etc

22(1)A person commits an offence if the person assaults—

(a)a designated officer acting in the exercise of an operational power, or

(b)a person who is assisting a designated officer in the exercise of such a power.

(2)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding level 5 on the standard scale.

Impersonation of designated officer etc

23(1)A person commits an offence if, with intent to deceive—

(a)the person impersonates a designated officer,

(b)the person makes any statement or does any act calculated falsely to suggest that the person is a designated officer, or

(c)the person makes any statement or does any act calculated falsely to suggest that the person has powers as a designated officer that exceed the powers the person actually has.

(2)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)51 weeks on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding level 5 on the standard scale.

Transitional provision relating to offences

24In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for summary offences)—

(a)the reference in paragraph 21(2)(a)(i) to the period of 51 weeks is to be read as a reference to the period of 1 month;

(b)the references in paragraphs 22(2)(a)(i) and 23(2)(a)(i) to the period of 51 weeks are to be read as references to the period of 6 months.

Part 8General

Payment of revenue to the Commissioners

25(1)The Director General must pay to the Commissioners any money received by way of proceeds of forfeitures—

(a)by the Director General in the exercise of any power of the Commissioners, or

(b)by the Director General or any other NCA officer in the exercise of any power of an officer of Revenue and Customs.

(2)In this section “proceeds of forfeitures” means—

(a)the proceeds of forfeitures made under the customs and excise Acts (within the meaning of section 1 of the Customs and Excise Management Act 1979), and

(b)a sum paid, or the proceeds of sale, under paragraph 16 of Schedule 3 to that Act.

Modification of references

26If, in accordance with section 9(1) or any provision of this Schedule—

(a)a power of the Commissioners is exercisable by the Director General, a reference to the Commissioners in any enactment which relates to that power is to be taken to be, or to include, a reference to the Director General;

(b)a power or privilege of a constable is exercisable by any NCA officer, a reference to a constable in any enactment which relates to that power or privilege is to be taken to be, or to include, a reference to any NCA officer by whom that power or privilege is exercisable;

(c)a power of an officer of Revenue and Customs is exercisable by any NCA officer, a reference to an officer of Revenue and Customs in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable;

(d)a power of an immigration officer is exercisable by any NCA officer, a reference to an immigration officer in any enactment which relates to that power is to be taken to be, or to include, a reference to any NCA officer by whom that power is exercisable.

Power to make further provision

27(1)The relevant national authority may, by order, make such provision as that authority considers appropriate in consequence of—

(a)the Director General having the powers of the Commissioners under section 9(1), or

(b)designated officers having operational powers.

(2)An order under this paragraph may, in particular—

(a)provide for the Director General or designated officers to benefit from exemptions or other protection in respect of the exercise of operational powers;

(b)provide for the disclosure of information to, or the doing of other things in relation to, the Director General or designated officers;

(c)confer functions on the Director General or any other person;

(d)provide for a class of NCA officers (whether identified by reference to a grade or pay scale or otherwise) to be treated as the equivalent of—

(i)one or more ranks in a UK police force;

(ii)one or more grades of, or pay scales applicable to, officers of Revenue and Customs;

(3)In this paragraph “designated officers” includes a description of such officers.

Functions of third parties relating to constables etc: extension to NCA

28(1)The relevant national authority may, by order, provide for a relevant function of a person to be exercisable by that person in relation to—

(a)the NCA,

(b)the Director General, or

(c)NCA officers (or any description of NCA officers).

(2)In this paragraph “relevant function” means a function exercisable by any person in relation to—

(a)a constable,

(b)a UK police force,

(c)an officer of Revenue and Customs,

(d)the Commissioners, or

(e)an immigration officer.

General provision about orders

29(1)The power to make an order under paragraph 27 or 28 may, in particular, be exercised by—

(a)amending, repealing, revoking or otherwise modifying any provision made by or under an enactment, or

(b)applying an enactment (with or without modifications).

(2)The Secretary of State must consult—

(a)the Commissioners before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which (expressly or otherwise) confers any function on the Commissioners or an officer of Revenue and Customs;

(b)the Scottish Ministers before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which extends to Scotland;

(c)the Department of Justice in Northern Ireland before exercising the power conferred by paragraph 27 or 28 in relation to an enactment which extends to Northern Ireland.

(3)In this paragraph “enactment” includes a description of enactments.

Interpretation

30In this Schedule—

“Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“designated officer” means the Director General or any other NCA officer if designated as having operational powers;

“designation” means—

(a)

a designation of the Director General under section 9, or

(b)

a designation of any other NCA officer under section 10;

and “designated” and cognate expressions are to be construed accordingly;

“limitation” means a limitation included in a designation under paragraph 6;

“Northern Ireland devolved provision”, in relation to provision of an order under this Schedule, means provision which would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Northern Ireland Assembly;

“powers and privileges of a constable that are exercisable overseas” means the powers and privileges of a constable if, and to the extent that, they are exercisable outside the United Kingdom and the United Kingdom waters;

“powers and privileges of an English and Welsh constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in England and Wales or the adjacent United Kingdom waters;

“powers and privileges of a Northern Ireland constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Northern Ireland or the adjacent United Kingdom waters;

“powers and privileges of a Scottish constable” means the powers and privileges of a constable if, and to the extent that, they are exercisable in Scotland or the adjacent United Kingdom waters;

“relevant national authority”, in relation to a power to make an order under this Schedule, means—

(a)

the Secretary of State, except in relation to Scottish devolved provision and Northern Ireland devolved provision;

(b)

the Scottish Ministers, in relation to Scottish devolved provision;

(c)

the Department of Justice in Northern Ireland, in relation to Northern Ireland devolved provision;

“Scottish devolved provision”, in relation to provision of an order under this Schedule, means provision that would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament, except for any provision of the kind referred to in paragraph 27(2)(d);

“United Kingdom waters” means the sea and other waters within the seaward limits of the United Kingdom’s territorial sea.

Section 11

SCHEDULE 6Inspections and complaints

Part 1Inspections

Inspections in Scotland

1(1)Before making a request for an inspection that would fall to be carried out wholly or partly in Scotland, the Secretary of State must consult the Scottish Ministers.

(2)HMIC may carry out an inspection jointly with the Scottish inspectors—

(a)if it is carried out wholly in Scotland, or

(b)in a case where it is carried out partly in Scotland, to the extent that it is carried out there.

(3)Before deciding whether or not to carry out such an inspection jointly with the Scottish inspectors, HMIC must consult the Scottish inspectors.

Inspections in Northern Ireland

2Before making a request for an inspection that would fall to be carried out wholly or partly in Northern Ireland, the Secretary of State must consult the Department of Justice in Northern Ireland.

Publication of HMIC reports

3(1)The Secretary of State must arrange for every HMIC report received to be published in such manner as the Secretary of State considers appropriate.

(2)But the Secretary of State may exclude from publication any part of an HMIC report if, in the Secretary of State’s opinion, the publication of that part—

(a)would be against the interests of national security,

(b)could prejudice the prevention or detection of crime, the apprehension of offenders, or the prosecution of offences, or

(c)might jeopardise the safety of any person.

(3)The Secretary of State must send a copy of the published report—

(a)to the NCA; and

(b)if the inspection was carried out wholly or partly in Scotland, to the Scottish Ministers; and

(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

NCA response

4(1)The Director General must—

(a)prepare comments on each HMIC report as published by the Secretary of State; and

(b)arrange for those comments to be published in such manner as the Director General considers appropriate.

(2)The Director General must send a copy of any document published under sub-paragraph (1)(b)—

(a)to the Secretary of State; and

(b)if the inspection was carried out wholly or partly in Scotland, to the Scottish Ministers; and

(c)if the inspection was carried out wholly or partly in Northern Ireland, to the Department of Justice in Northern Ireland.

Disclosure of information

5(1)The Director General must—

(a)provide to a policing inspectorate such information and documents specified or described in a notification given by the inspectorate to the Director General, and

(b)produce or deliver up to the inspectorate all such evidence and other things so specified or described,

as appear to the inspectorate to be required for the purposes of the exercise of an NCA inspection function.

(2)Anything that the Director General is obliged to provide, produce or deliver up by virtue of a requirement imposed under sub-paragraph (1) must be provided, produced or delivered up in such form and manner, and within such period, as may be specified—

(a)in the notification imposing the requirement, or

(b)in any subsequent notification given by the inspectorate to the Director General.

(3)Nothing in this paragraph requires the Director General—

(a)to comply with an obligation imposed under sub-paragraph (1) before the earliest time at which it is practicable to do so, or

(b)to comply at all with any such obligation if it never becomes practicable to do so.

(4)An NCA officer may disclose information to any policing inspectorate for the purposes of the exercise by any policing inspectorate of an NCA inspection function.

(5)The Secretary of State may, by regulations, make—

(a)further provision about the disclosure of information under sub-paragraph (1) or (4);

(b)provision about the further disclosure of information that has been disclosed under sub-paragraph (1) or (4).

(6)Such regulations may, in particular—

(a)modify any provision of Schedule 7 in its application to such a disclosure, or

(b)disapply any such provision from such a disclosure.

Access to premises

6(1)The Director General must secure that a policing inspectorate is given access to premises occupied for the purposes of the NCA and access to documents and other things on those premises if—

(a)the inspectorate requires such access, and

(b)the requirement is imposed for the purposes of the exercise of an NCA inspection function.

(2)Where there are reasonable grounds for not allowing the inspectorate to have the required access at the time at which the inspectorate seeks to have it, the obligation under sub-paragraph (1) has effect as an obligation to secure that the required access is allowed to the inspectorate at the earliest practicable time specified by the inspectorate after there cease to be any such grounds.

SCHEDULE 7Information: restrictions on disclosure

Part 1Statutory restrictions

(a)a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions, or

(b)a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

Part 2Restrictions on disclosures of particular types of information

HMRC & customs information

2(1)An NCA officer must not disclose—

(a)HMRC information,

(b)personal customs information, or

(c)personal customs revenue information,

unless the relevant authority consents to the disclosure.

(2)If an NCA officer has disclosed—

(a)HMRC information,

(b)personal customs information, or

(c)personal customs revenue information,

to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3)In this paragraph—

“HMRC information” means information obtained by the NCA from the Commissioners or a person acting on behalf of the Commissioners;

“personal customs information” and “personal customs revenue information” have the same meanings as in the Borders, Citizenship and Immigration Act 2009 (see section 15(4) of that Act);

“relevant authority” means—

(a)

the Commissioners or an officer of Revenue and Customs (in the case of a disclosure or further disclosure of HMRC information);

(b)

the Secretary of State or a designated general customs official (in the case of a disclosure or further disclosure of personal customs information);

(c)

the Director of Border Revenue or a designated customs revenue official (in the case of a disclosure or further disclosure of personal customs revenue information).

Social security information

3(1)An NCA officer must not disclose social security information unless the relevant authority consents to the disclosure.

(2)If an NCA officer has disclosed social security information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3)In this paragraph—

“relevant authority” means—

(a)

the Secretary of State (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of the Secretary of State);

(b)

the Department for Social Development in Northern Ireland (in the case of a disclosure or further disclosure of information held, when disclosed to the NCA, for the purposes of the functions of a Northern Ireland department);

“social security information” means information which, when disclosed to the NCA, was information held for the purposes of any of the following functions of the Secretary of State or a Northern Ireland Department—

(a)

functions relating to social security, including functions relating to—

(i)

statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits Act 1992;

(ii)

maternity allowance under section 35 of that Act;

(iii)

statutory payments as defined in section 4C(11) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(iv)

maternity allowance under section 35 of that Act;

(v)

schemes and arrangements under section 2 of the Employment and Training Act 1973;

(b)

functions relating to the investigation and prosecution of offences relating to tax credits.

Intelligence service information

4(1)An NCA officer must not disclose intelligence service information unless the relevant authority consents to the disclosure.

(2)If an NCA officer has disclosed intelligence service information to a person, that person must not further disclose that information unless the relevant authority consents to the disclosure.

(3)In this paragraph—

“intelligence service” means—

(a)

the Security Service,

(b)

the Secret Intelligence Service, or

(c)

GCHQ (which has the same meaning as in the Intelligence Services Act 1994);

“intelligence service information” means information obtained from an intelligence service or a person acting on behalf of an intelligence service;

“relevant authority” means—

(a)

the Director-General of the Security Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

(b)

the Chief of the Secret Intelligence Service (in the case of information obtained by the NCA from that Service or a person acting on its behalf);

(c)

the Director of GCHQ (in the case of information obtained from GCHQ or a person acting on its behalf).

Arrangements for publishing information

5The Director General must not disclose information if the disclosure would be in breach of a requirement that is imposed on the Director General by the framework document in accordance with section 6(2).

Part 3Restrictions on further disclosures of information

Information generally

6(1)If an NCA officer has disclosed information to a person (the “original recipient”), that person must not further disclose the information unless—

(a)the disclosure is—

(i)for a purpose connected with any relevant function of the original recipient, or

(ii)otherwise for a permitted purpose, and

(b)the Director General consents to the disclosure.

(2)This paragraph does not apply to a further disclosure of information if—

(b)the NCA officer’s disclosure to the original recipient was a disclosure—

(i)to the Lord Advocate for the purposes of the exercise of the functions of the Lord Advocate under Part 3 of PCA 2002, or

(ii)to the Scottish Ministers for the purposes of the exercise of the functions of the Scottish Ministers under, or in relation to, Part 5 of PCA 2002;

and for provision about the further disclosure of such information, see section 441 of PCA 2002.

(3)In this paragraph “relevant function” means any function of the original recipient for the purposes of which the information was disclosed to that recipient.

Information obtained under Part 6 of PCA 2002 & disclosed to Commissioners

7(1)This paragraph applies to information disclosed by an NCA officer under section 7(7) to the Commissioners.

(2)The information may be further disclosed by the Commissioners only if the disclosure is—

(a)for a purpose connected with any relevant function of the Commissioners, or

(b)otherwise for a permitted purpose.

(3)The information may be further disclosed by a person other than the Commissioners only if—

(a)the disclosure is—

(i)for a purpose connected with any relevant function of the Commissioners, or

(ii)otherwise for a permitted purpose, and

(b)the Director General consents to the disclosure.

(4)In this paragraph “relevant function” means any function of the Commissioners for the purposes of which the information was disclosed.

Information obtained under Part 6 of PCA 2002 & disclosed to Lord Advocate

8Information disclosed by an NCA officer under section 7(7) to the Lord Advocate may be further disclosed only if the disclosure is—

(a)by the Lord Advocate to the Scottish Ministers, and

(b)for the purpose of the exercise by the Scottish Ministers of their functions under Part 5 of PCA 2002.

Part 4Published information: no restrictions on further disclosure

9(1)This paragraph applies where an NCA officer discloses information, in accordance with this Part of this Act, by—

(a)the inclusion of the information in an annual plan, framework document or annual report, or

(b)the publication of the information in accordance with arrangements made under section 6.

(2)None of the relevant restrictions applies to the further disclosure of that information by any person.

(3)In this paragraph “relevant restriction” means any provision of this Part of this Act (however expressed) which prohibits or otherwise restricts the further disclosure of information disclosed by an NCA officer (including a provision which limits the purposes for which such information may be further disclosed or which requires a person’s consent to be obtained before the further disclosure).

(3)It is a defence for a person charged with an offence under this paragraph to prove that the person reasonably believed—

(a)that the disclosure was lawful, or

(b)that the information disclosed had already and lawfully been made available to the public.

(4)A prosecution for an offence under this paragraph—

(a)may be brought in England and Wales only with the consent of the Director of Public Prosecutions;

(b)may be brought in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.

(5)This paragraph is without prejudice to the pursuit of any remedy or the taking of any action in relation to a breach of a relevant duty.

(6)A person guilty of an offence under this paragraph is liable on conviction on indictment to either or both of the following—

(a)imprisonment for a term not exceeding 2 years;

(b)a fine.

(7)A person guilty of an offence under this paragraph is liable on summary conviction to either or both of the following—

(a)imprisonment for a term not exceeding—

(i)12 months on conviction in England and Wales;

(ii)12 months on conviction in Scotland;

(iii)6 months on conviction in Northern Ireland;

(b)a fine not exceeding the statutory maximum.

(8)In relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (increase in maximum sentence on summary conviction of offence triable either way), the reference in sub-paragraph (7)(a)(i) to the period of 12 months is to be read as a reference to the period of 6 months.

Part 6General

Consents

11A consent to disclosure of information under any provision of this Schedule may be given in relation to—

(a)a particular disclosure, or

(b)disclosures made in circumstances specified or described in the consent.

Interpretation

12In this Schedule—

“Commissioners” means the Commissioners for Her Majesty’s Revenue and Customs;

“PCA 2002” means the Proceeds of Crime Act 2002.

Section 15

SCHEDULE 8Abolition of SOCA and NPIA

Part 1Transitional, transitory and saving provision

Transfer schemes

1(1)The Secretary of State may make—

(a)one or more staff transfer schemes, and

(b)one or more property transfer schemes.

(2)The Secretary of State may include—

(a)provision under paragraph 2(1)(a)(iv) in a staff transfer scheme, or

only if the Secretary of State considers that the provision is appropriate in connection with an order under section 2 (modification of NCA functions).

(3)The Secretary of State must lay before Parliament each staff transfer scheme and each property transfer scheme that is made.

2(1)A staff transfer scheme is a scheme which provides—

(a)for—

(i)a designated member of the staff of SOCA,

(ii)a designated constable in an England and Wales police force,

(iii)a designated member of the civilian staff of an England and Wales police force, or

(iv)a designated member of the personnel or staff of any other person,

to become an NCA officer and, accordingly, to become employed in the civil service of the state;

(b)for a designated member of the staff of the NPIA to become employed in the civil service of the state—

(i)as an NCA officer, or

(ii)in the Home Office;

(c)so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the designated transferee’s employment to have effect as the person’s terms and conditions of employment as an NCA officer or in the Home Office;

(d)for the transfer to the NCA or the Secretary of State of the rights, powers, duties and liabilities of the employer under or in connection with the designated transferee’s contract of employment;

(e)for anything done (or having effect as if done) before that transfer by or in relation to the employer in respect of such a contract or the designated transferee to be treated as having been done by or in relation to the NCA or the Secretary of State.

(2)A staff transfer scheme may provide for a period before a person became employed in the civil service of the state under a staff transfer scheme to count as a period during which the person was employed in the civil service of the state (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3)A staff transfer scheme may provide for a person who would otherwise become employed in the civil service of the state under a staff transfer scheme not to become so employed if the person gives notice objecting to the operation of the scheme in relation to the person.

(4)A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5)A staff transfer scheme may provide for a person to become employed in the civil service of the state despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

(6)A staff transfer scheme may provide for a person’s secondment to SOCA or the NPIA to continue as a secondment of that person to the NCA.

(7)In the application of this paragraph to the transfer of a constable—

(a)a reference to employment (other than employment in the civil service of the state) is a reference to service as a constable;

(b)a reference to a contract of employment is a reference to the terms and conditions of service as a constable;

(c)a reference to the employer is a reference to the chief officer of the police force, and the policing body for the police force, in which the constable serves.

3(1)A property transfer scheme is a scheme providing for the transfer to the NCA of designated property, rights or liabilities from—

(a)SOCA,

(b)the chief officer of, or the policing body for, an England and Wales police force, or

(c)any other person,

or for the transfer to the NCA or the Secretary of State of designated property, rights or liabilities from the NPIA.

(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to a transferor in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the NCA or the Secretary of State;

(c)provide for anything done by a transferor which gives rise to criminal liability to be treated as done by the NCA or the Secretary of State and, in such a case, provide that Crown immunity does not affect the criminal liability of the NCA or Secretary of State;

(d)apportion property, rights and liabilities;

(e)make provision about the continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

4(1)A staff transfer scheme or a property transfer scheme may make—

(a)provision for any reference to a transferor in any document or other instrument, contract or legal proceedings to have effect as, or as including, a reference to the NCA or the Secretary of State;

Continuity in relation to functions

6(1)The abolition of SOCA or the NPIA does not affect the validity of anything done before the abolition.

(2)The transfer of a function does not affect the validity of anything done before the transfer.

(3)Sub-paragraphs (4) to (6) apply in relation to the transfer of a function.

(4)Where anything—

(a)relates to the transferred function, and

(b)is in the process of being made or done by or in relation to the transferor immediately before the transfer takes effect,

it may be continued afterwards by or in relation to the transferee.

(5)Where anything—

(a)relates to the transferred function,

(b)has been made or done by or in relation to the transferor, and

(c)is in effect immediately before the transfer takes effect,

it has effect afterwards as if made or done by or in relation to the transferee.

(6)The transferee is to be substituted for the transferor in any documents and other instruments, contracts or legal proceedings which—

(a)relate to the transferred function, and

(b)are made or commenced before the transfer takes effect.

(7)The Secretary of State may, by direction, determine any question under this paragraph as to—

(a)whether there has been a transfer of a particular function, or

(b)the person to whom there has been a transfer of a particular function.

(8)The preceding provisions of this paragraph are without prejudice to the powers under section 60 (transitional, transitory or saving provision).

(9)The following provisions of this paragraph apply for the purposes of this paragraph.

(10)A reference to—

(a)the abolition of SOCA includes a reference to the ending of a person’s membership of SOCA or membership of the staff of SOCA;

(b)the abolition of the NPIA includes a reference to the ending of a person’s membership of the NPIA or membership of the staff of the NPIA.

(11)A reference to the transfer of a function is a reference to—

(a)the transfer of a SOCA function by or under this Act,

(b)the transfer of an NPIA function by or under this Act, and

(c)the assumption of a third party function by the NCA.

(12)For that purpose—

(a)the reference to the transfer of a SOCA function or NPIA function by or under this Act includes a reference to a case where—

(i)a SOCA function or NPIA function is abolished, and

(ii)a corresponding function is conferred on another person,

by or under this Act;

(b)the reference to the assumption of a third party function by the NCA is a reference to the case where—

(i)a function (other than a SOCA function or an NPIA function) is exercisable before the changeover by a person (the “third party”),

(ii)a corresponding function is included in the NCA functions, and

(iii)a person employed by, or otherwise serving, the third party wholly or partly for the purpose of the exercise of the function becomes an NCA officer;

and references to the transferred function, the transferor and the transferee are to be read accordingly.

(13)A reference to a thing being, or having been, made or done includes—

(a)a reference to—

(i)a document or other instrument being, or having been, made or otherwise produced,

(ii)a contract being, or having been, agreed, and

(iii)legal proceedings being, or having been, brought; and

(b)a reference to a thing being, or having been, made or done under—

(i)a document or other instrument,

(ii)a contract, or

(iii)legal proceedings.

(14)A reference to a thing which relates to a transferred function includes a reference to a thing made or done for the purposes of, or otherwise in connection with, a transferred function.

(15)These expressions have the meanings given—

“instrument” includes a designation, authorisation, warrant, or order of any court;

“NPIA functions” means functions of—

(a)

the NPIA,

(b)

a member of the NPIA, or

(c)

a member of the staff of the NPIA;

“SOCA functions” means functions of—

(a)

SOCA,

(b)

a member of SOCA, or

(c)

a member of the staff of SOCA.

Continuity in relation to subordinate legislation

7(1)After the changeover, the subordinate legislation specified in an entry in the first column of the following table—

(a)continues to have effect (subject to any subsequent amendment or revocation) as if made under the powers conferred by the provision of this Act specified in the corresponding entry in the second column; and

(b)may be amended or revoked by (in particular) the exercise of the powers conferred by that provision.

Subordinate legislation

Provision of this Act

The Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987)

Paragraphs 27 to 29 of Schedule 5

The International Joint Investigation Teams (International Agreement) Order 2009 (S.I. 2009/3269), insofar as it is made under powers conferred by the Serious Organised Crime and Police Act 2005

The reference to section 33 of the Serious Organised Crime and Police Act 2005 has effect as a reference to the definition of “permitted purpose” in section 16(1) of this Act

(3)The modifications applicable to any subordinate legislation by virtue of sub-paragraph (2) are in addition to any other modifications applicable to that subordinate legislation (whether by virtue of Part 4 of this Schedule or otherwise).

(4)The preceding provisions of this paragraph are without prejudice to sections 59 (consequential amendments) and 60 (transitional, transitory or saving provision).

Members of SOCA

8(1)The Secretary of State may pay such amount (if any) as the Secretary of State thinks appropriate to a person who ceases to be a SOCA board member at the changeover.

(2)In this paragraph “SOCA board member” means a person who is a member of SOCA by virtue of paragraph 1(1)(a) or (c) of Schedule 1 to the Serious Organised Crime and Police Act 2005 (the chairman and ordinary members).

SOCA annual reports and accounts

9(1)The repeal of sections 7 and 20 of the Serious Organised Crime and Police Act 2005 (annual reports and accounts) by this Act does not affect the application of those sections, after the changeover, in relation to times before the changeover.

(2)Sections 7 and 20 of the 2005 Act apply in relation to the final period as they apply to any financial year of SOCA (and, accordingly, references in those sections to a financial year of SOCA include references to the final period).

(3)After the changeover, the duties imposed on SOCA by sections 7 and 20 of the 2005 Act are to be discharged by the Director General of the National Crime Agency.

(4)In this paragraph “final period” means the period which—

(a)begins with the last 1 April to fall before the changeover, and

(b)ends with the changeover.

Saving of accrued pension rights etc

10(1)The amendments of the Superannuation Act 1972 made by Part 2 of this Schedule do not affect the operation of that Act in relation to employment of any of the following kinds by any person—

(a)employment by SOCA;

(b)employment as a member of the staff of the NPIA.

(2)The amendments of the Police Pensions Act 1976 made by Part 2 of this Schedule do not affect the operation of that Act in relation to service of any of the following kinds by any person—

(a)service as an employee of SOCA;

(b)relevant service within paragraph (ca) or (cb) of section 97(1) of the Police Act 1996;

(c)relevant service within section 38A(1)(ba) of the Police (Scotland) Act 1967;

(d)service as a member of the staff of NPIA.

Scottish police reform

11(1)The power conferred by section 60 may, in particular, be exercised to make provision to secure that the NCA provisions have full effect despite the coming into force of particular NCA provisions before the coming into force of particular Scottish police reform provisions.

(2)Such provision may, in particular, modify a reference in any of the NCA provisions to any person, body or other thing created by the Scottish police reform provisions.

(3)That includes the modification of a reference—

(a)to the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)an existing Scottish police force;

(ii)the Scottish Crime and Drugs Enforcement Agency;

(b)to the chief constable of the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)the chief constable of an existing Scottish police force;

(ii)the Scottish Crime and Drugs Enforcement Agency;

(iii)the Director General of that Agency;

(c)to the Scottish Police Authority, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)an existing Scottish police authority;

(ii)the Scottish Crime and Drugs Enforcement Agency;

(iii)the Director General of that Agency;

(iv)the Scottish Police Services Authority;

(d)to constables in the Police Service of Scotland, in particular by providing for it to have effect as, or as including, a reference to one or more of the following—

(i)constables in existing Scottish police forces;

(ii)police members of the Scottish Crime and Drugs Enforcement Agency;

(iii)support staff members of the Scottish Crime and Drugs Enforcement Agency.

(4)In this paragraph—

“existing Scottish police authority” means a body which is a police authority by virtue of section 2 of the Police (Scotland) Act 1967 or a joint police board constituted in accordance with an amalgamation scheme made under that Act;

“NCA provisions” means the provisions of this Part of this Act (including any amendments of other enactments made by this Part of this Act);

“Scottish police reform provisions” means the provisions of Part 1 of the Police and Fire Reform (Scotland) Act 2012.

Director of Revenue and Customs Prosecutions

12(1)This paragraph applies if, before the changeover, there has been no merger of the offices of—

(a)the Director of Public Prosecutions, and

(b)the Director of Revenue and Customs Prosecutions.

(2)In relation to the DRCP transitional period, the reference to the Director of Public Prosecutions in paragraph (i)(i) of the definition of permitted purpose in section 16(1) has effect as if it included a reference to the Director of Revenue and Customs Prosecutions.

(3)In this paragraph—

(a)a reference to a merger of offices is a reference to a Minister merging the offices by order under section 2 of the Public Bodies Act 2011;

(b)“DRCP transitional period” means the period which—

(i)begins with the changeover, and

(ii)ends when there is a merger of the offices of the Director of Public Prosecutions and the Director of Revenue and Customs Prosecutions.

Part 2Minor and consequential amendments and repeals

14(1)Section 75 of the Explosives Act 1875 is amended in accordance with this paragraph.

(2)In subsection (1), for “Director General of the Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.

(3)In subsection (2), for the words from “means” to “2005” substitute “means a National Crime Agency officer who is for the time being designated under section 9 or 10 of the Crime and Courts Act 2013”.

17In section 90 of the Offices, Shops and Railway Premises Act 1963 (interpretation), in subsection (4)(d), for the words from “Serious” to the end substitute “National Crime Agency to serve as a National Crime Agency officer”.

“(c)in relation to any such service as is mentioned in subsection (1)(bfa)(vi) or subsection (1)(ca) above, or any service of the kind described in section 97(1)(cj) of the Police Act 1996, “police pension authority” means the Director General of the National Crime Agency and “pension supervising authority” means the Secretary of State;”;

(b)omit paragraph (f).

(4)In subsection (5), omit the definition of “SOCA”.

(5)After subsection (8) insert—

“(9)A person’s service as a National Crime Agency officer is “eligible service” for the purposes of this Act in any of the following cases.

(10)The first case is where—

(a)the person’s service as a National Crime Agency officer is—

(i)service as the Director General, or

(ii)service that is designated for this purpose by the Director General, and

(b)the person is (immediately before beginning that service) a member, or eligible to be a member, of a police pension scheme.

(11)The second case is where—

(a)immediately before beginning the service as a National Crime Agency officer, the person—

(i)is serving as a member of the staff of the Serious Organised Crime Agency, and

(ii)by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b)the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

(12)The third case is where—

(a)immediately before beginning the service as a National Crime Agency officer, the person—

(i)is serving as a member of a police force, and

(ii)by virtue of that service is, or is eligible to be, a member of a police pension scheme, and

(b)the person becomes a National Crime Agency officer by virtue of a scheme under paragraph 2 of Schedule 8 to the Crime and Courts Act 2013.

27In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in Schedule 1 (ineligibility for and disqualification and excusal from jury service), in Group B in Part 1 (others concerned with the administration of justice), for paragraph (nc) substitute—

36In the Official Secrets Act 1989, in section 12 (meanings of “crown servant” and “government contractor”), in subsection (1)(e), for “of the Serious Organised Crime Agency” substitute “an NCA special (within the meaning of Part 1 of the Crime and Courts Act 2013)”.

45In section 88 (liability for wrongful acts of constables), in subsection (5A), for the words from “section 23” to “Agency” substitute “Part 3 of Schedule 3 to the Crime and Courts Act 2013, a National Crime Agency officer”.

46In section 90 (impersonation etc), omit subsection (4)(ab).

47In section 91 (causing disaffection), omit subsection (2)(aa).

48(1)Section 97 (police officers engaged on service outside their force) is amended in accordance with this paragraph.

(2)In subsection (1)—

(a)omit—

(i)paragraph (cf);

(ii)paragraph (cg);

(b)after paragraph (ci) insert—

“(cj)temporary service as a National Crime Agency officer on which a person is engaged with the consent of the appropriate authority;”.

(3)In subsection (6)(a)—

(a)omit “(cf), (cg)”;

(b)after “(ci)” insert “, (cj)”.

(4)In subsection (8), omit “(cf), (cg)”.

(5)After subsection (8) insert—

“(8A)A person who is member of a police force engaged on relevant service within paragraph (cj) of subsection (1) shall be treated for the purposes of sections 59, 60 and 64 as if the person were a member of that police force.”

50In section 43KA (application of this Part and related provisions to police), in subsection (2)(b), for “Serious Organised Crime Agency to serve as a member of its staff” substitute “National Crime Agency to serve as a National Crime Agency officer”.

“(f)the Director General of the National Crime Agency, or any other National Crime Agency officer who is designated for the purposes of this paragraph by that Director General;”.

57In section 94 (authorisations given in absence of authorising officer), in subsection (2)(e), for “Director General of the Serious Organised Crime Agency” substitute “Director General of the National Crime Agency”.

93(1)Section 55 (general duties of specified authorities) is amended in accordance with this paragraph.

(2)In subsection (1), for paragraph (ba) substitute—

“(ba)the Director General of the National Crime Agency;”.

(3)For subsection (3A) substitute—

“(3A)The power of the Director General of the National Crime Agency to delegate functions under paragraph 10 of Schedule 1 to the Crime and Courts Act 2013 does not apply in relation to the Director General’s duties under this section.”.

94In section 56 (interpretation of Part 3), in subsection (1)—

(a)in paragraph (a) of the definition of “the police”, for “member of the staff of the Serious Organised Crime Agency” substitute “National Crime Agency officer”;

(b)for “any of SOCA’s functions” substitute “any function of the National Crime Agency”;

(c)for “Director General of SOCA” substitute “Director General of the National Crime Agency”.

129In section 330 (failure to disclose; regulated sector), in subsection (4)(b), for “the Director General of SOCA” substitute “the Director General of the National Crime Agency”.

130In section 331 (failure to disclose: nominated officers in the regulated sector), in subsection (4), for “the Director General of SOCA” substitute “the Director General of the National Crime Agency”.

131In section 332 (failure to disclose: other nominated officers), in subsection (4), for “the Director General of SOCA” substitute “the Director General of the National Crime Agency”.

174In section 13 (application to police forces), in subsection (3)(g), for the words from “seconded” to “treated” substitute “seconded to the National Crime Agency to serve as a National Crime Agency officer is to be treated”.

175In Schedule 1 (list of Government Departments etc), after the entry relating to the National Archives of Scotland insert—

185In section 95 of the Protection of Freedoms Act 2012 (effect on police and other records of disregard of conviction or caution), in subsection (5), in the definition of the names database, for “National Policing Improvement Agency” substitute “Secretary of State”.

Part 3Further consequential amendments and repeals

References to SOCA

186In the following enactments, for “Serious Organised Crime Agency” substitute “National Crime Agency” (and, where that expression appears in more than one place in such an enactment, that substitution is made in each such place)—

In section 10(10) (criminal investigations into terrorism-related activity), paragraph (d) of the definition of “chief officer”

Repeals

189The following enactments are repealed to the extent specified—

Courts Act 2003

Section 41(6)(c) (disqualification of lay justices who are members of SOCA etc)

Coroners and Justice Act 2009

Section 170 (amendments of Part 1 of the Serious Organised Crime and Police Act 2005)

Part 4Subordinate legislation

References to SOCA etc

190(1)In any relevant subordinate legislation—

(a)a reference (however expressed) of a kind specified in an entry in the first column of the following table is to be read as being, or including, a reference of the kind specified in the corresponding entry in the second column of the table; and

(b)related expressions are to be read accordingly.

A reference to...

...is or includes a reference to...

the Serious Organised Crime Agency

the National Crime Agency

the Director General of the Serious Organised Crime Agency

the Director General of the National Crime Agency

the staff of the Serious Organised Crime Agency

National Crime Agency officers

a member of staff of the Serious Organised Crime Agency

a National Crime Agency officer

(2)The preceding provision of this paragraph is without prejudice to section 59 (consequential amendments).

(3)In this paragraph “relevant subordinate legislation” means Orders in Council, orders, rules, regulations, schemes, warrants, byelaws and other instruments made before the end of the Session of Parliament in which this Act is passed under—

(a)an Act of Parliament,

(b)an Act of the Scottish Parliament,

(c)an Act of the Northern Ireland Assembly, or

(d)a Measure or Act of the National Assembly for Wales.

Section 17

SCHEDULE 9Single county court in England and Wales

Part 1Amendments of the County Courts Act 1984

1The County Courts Act 1984 is amended as follows.

2(1)Section 3 (place and time of sittings) is amended as follows.

(2)For subsections (1) and (2) substitute—

“(1)Sittings of the county court may be held, and any other business of the county court may be conducted, anywhere in England and Wales.

(1A)Sittings of the county court at any place may be continuous or intermittent or occasional.

(2)Sittings of the county court may be held simultaneously to take any number of different cases in the same place or different places, and the court may adjourn cases from place to place at any time.

(2A)The places at which the county court sits, and the days and times at which it sits in any place, are to be determined in accordance with directions given by the Lord Chancellor after consulting the Lord Chief Justice.”

(3)Omit subsection (4) (references to sittings of the court to include sittings by a district judge).

(c)in subsection (2) for “any court,” substitute “sittings of the county court,”.

4For section 5 (judges) substitute —

“5Judges of the county court

(1)A person is a judge of the county court if the person—

(a)is a Circuit judge,

(b)is a district judge (which, by virtue of section 8(1C), here includes a deputy district judge appointed under section 8), or

(c)is within subsection (2),

but see also section 9 of the Senior Courts Act 1981 (certain ex-judges may act as judges of the county court).

(2)A person is within this subsection (and so, by virtue of subsection (1)(c), is a judge of the county court) if the person—

(a)is the Lord Chief Justice,

(b)is the Master of the Rolls,

(c)is the President of the Queen’s Bench Division,

(d)is the President of the Family Division,

(e)is the Chancellor of the High Court,

(f)is an ordinary judge of the Court of Appeal (including the vice-president, if any, of either division of that court),

(g)is the Senior President of Tribunals,

(h)is a puisne judge of the High Court,

(i)is a deputy judge of the High Court,

(j)is the Judge Advocate General,

(k)is a Recorder,

(l)is a person who holds an office listed—

(i)in the first column of the table in section 89(3C) of the Senior Courts Act 1981 (senior High Court masters etc), or

(ii)in column 1 of Part 2 of Schedule 2 to that Act (High Court masters etc),

(m)is a deputy district judge appointed under section 102 of that Act,

(n)is a Chamber President, or a Deputy Chamber President, of a chamber of the Upper Tribunal or of a chamber of the First-tier Tribunal,

(o)is a judge of the Upper Tribunal by virtue of appointment under paragraph 1(1) of Schedule 3 to the Tribunals, Courts and Enforcement Act 2007,

(p)is a transferred-in judge of the Upper Tribunal (see section 31(2) of that Act),

(q)is a deputy judge of the Upper Tribunal (whether under paragraph 7 of Schedule 3 to, or section 31(2) of, that Act),

(r)is a District Judge (Magistrates’ Courts),

(s)is a person appointed under section 30(1)(a) or (b) of the Courts-Martial (Appeals) Act 1951 (assistants to the Judge Advocate General),

(t)is a judge of the First-tier Tribunal by virtue of appointment under paragraph 1(1) of Schedule 2 to the Tribunals, Courts and Enforcement Act 2007,

(u)is a transferred-in judge of the First-tier Tribunal (see section 31(2) of that Act), or

(v)is a member of a panel of Employment Judges established for England and Wales or for Scotland.”

5(1)Section 6 (district judges) is amended as follows.

(2)Omit subsections (2), (4) and (7) (which relate to the assignment of district judges to county court districts).

(3)In subsection (3) (interpretation of statutory and other references to district judges) for the words after “of a county court” substitute “is—

(a)if the context permits, a reference to the county court, and

(b)otherwise is a reference to a judge of the county court.”

(4)For the italic heading before the section substitute “District judges and deputy district judges”.

6(1)Section 8 (deputy district judges) is amended as follows.

(2)In subsection (1) (appointment to facilitate disposal of business in the county courts) for “courts” substitute “court or any other court or tribunal to which a person appointed under this subsection may be deployed”.

(3)Omit subsections (1B) and (1D) (which relate to the assignment of deputy district judges to county court districts).

(4)In subsection (1C) (deputy district judge to have powers of a district judge)—

(a)omit “and assigned to a district”,

(b)omit “, while acting under his assignment,”, and

(c)for “assigned to the district” substitute “other than a district judge’s power to act in a district registry of the High Court”.

7(1)Section 12 (records of proceedings) is amended as follows.

(2)For subsection (1) (district judge for a district to keep such records as may be prescribed) substitute—

“(1)The Lord Chancellor may by regulations made by statutory instrument provide for the keeping of records of and in relation to proceedings of the county court.”

(3)In subsection (2) (certified copies of entries) for “the district judge” substitute “a judge of the county court”.

(4)In the title omit the words after “kept”.

8(1)Section 13 (officers of court not to act as solicitors in that court) is amended as follows.

(2)In subsection (1) (officer of a county court and officer’s firm not to be engaged as representative in any proceedings in that court, subject to exception in subsection (4) for deputy district judges)—

(a)for the words from the beginning to “be” substitute—

“A fee-paid part-time judge of the county court may not act as a judge of the court in relation to any proceedings in the court in which—

(4)Omit subsection (4) (provision about deputy district judges which is incorporated in the amended subsection (1)).

9(1)Section 14 (penalty for assaulting officer of a court) is amended as follows.

(2)In subsection (1)—

(a)for “a court” substitute “the county court”,

(b)for “judge”, in both places, substitute “court”, and

(c)for “a bailiff” substitute “an officer”.

(3)Omit subsection (3) (which provided for “judge” to include district judge and deputies, but which will become superfluous as a result of amendments made by this Schedule).

10(1)In sections 15 to 25, 27(9), 30 and 36 to 147 and Schedule 1 and in any uncommenced enactment that amends any of those provisions (but subject to any specific amendments or repeals made by or under this Act)—

(a)for “A county court”, in each place, substitute “The county court”, and

(b)for “a county court”, in each place, substitute “the county court”.

(a)in subsections (2) and (4) for “No county court shall” substitute “The county court may not”,

(b)in subsection (7) omit “(whether a county court or not)”, and

(c)in subsection (8) for the words after “applies” substitute “generally in relation to the jurisdiction of the county court (and not only in relation to any jurisdiction that may be conferred on the county court in relation to Admiralty proceedings).”

(6)In section 31(2) (Admiralty provisions: savings) for the words from the beginning to “authorise” in paragraph (c) substitute “Nothing in section 31 or any provisions made for the purpose of, or in connection with, conferring jurisdiction on the county court in relation to Admiralty proceedings authorises”.

(7)In section 35 for “in one or more of the county courts” substitute “the county court”.

(8)In section 37(1) for the words after “other” substitute “Act on the county court may be exercised by any judge of the county court.”

(9)Omit section 37(2).

(10)Omit section 40(4) (transfer of proceedings to particular county courts).

(11)In section 45(1) (costs in transferred cases)—

(a)in paragraph (b) for “Court; or” substitute “Court,”, and

(b)omit paragraph (c).

(12)In section 55—

(a)in subsection (1) for “judge” substitute “court”,

(b)in subsection (2) for “A judge” substitute “The court”,

(c)in subsection (4) for “judge may at his” substitute “the court may at its”, and

(d)omit subsection (4A).

(13)In section 57(1)—

(a)for “judge may, if he” substitute “court may, if it”, and

(b)omit “under his hand”.

(14)In section 58(1)—

(a)for paragraph (a) substitute—

“(a)a judge of the county court; or”, and

(b)for paragraph (c) substitute—

“(c)an officer of the county court appointed by a judge of the county court for the purpose,”.

(15)In section 58(2) for the words from “sworn” (where it first appears) to “such” substitute “sworn before any such judge or”.

“then, except where rules of court provide otherwise, any officer of the authority authorised by the authority for the purpose may address the court.”

(17)In section 60A(2) (rights of audience of employees of housing management bodies: proceedings to which section applies) for “before a district judge which” substitute “that are not excluded by rules of court and”.

(18)In section 61(3) for “every county court or as respects a specified county court or” substitute “every place where the county court sits or”.

(19)In section 62 for “the judge” substitute “a judge”.

(20)In section 63—

(a)in subsection (1) as substituted by the Courts and Legal Services Act 1990 for “a judge” substitute “in the county court a judge of the court”,

(b)in subsection (1) as having effect pending that substitution for “the judge” substitute “in the county court a judge of the court”,

(c)in subsection (2) as so substituted after “a judge” insert “of the county court”,

(d)omit subsections (2A) and (2B),

(e)in subsection (3) for “judge” substitute “court”, and

(f)in subsection (4) as having effect pending its being so substituted—

(i)for “the judge” substitute “a judge”, and

(ii)omit “by the district judge”.

(21)In section 64(1)(a) and (2)(a) after “proceedings” insert “in the county court”.

(22)In section 64(3) and (4) for “judge” substitute “court”.

(23)In section 64(4) for each of “he” and “him” substitute “it”.

(24)In section 65—

(a)in subsection (1) for the words from “the judge” to “referee” substitute “a judge of the county court may refer to another judge of the county court or a”,

(b)omit subsection (2),

(c)in subsection (3) for the words from “subsection” to “direct” substitute “subsection (1), a judge of the county court may direct”, and

(d)in subsection (4)—

(i)for “The judge” substitute “A judge of the county court”,

(ii)for the words from “refer” to “account” substitute “refer to another judge of the county court any mere matter of account”, and

(iii)for the words after “judgment” substitute “on the other judge’s report.”

(25)In section 67 for “At any county court where proceedings” substitute “Where any proceedings in the county court”.

(26)In section 68 for “the judge” substitute “a judge of the court”.

(27)In section 71(2)—

(a)before “court”, where it first appears, insert “county”, and

(b)after “proceedings”, where it first appears, insert “in the court”.

(28)In section 72(1) omit “same or in another”.

(29)In section 77(1) (appeals) for “the judge” substitute “a judge”.

(30)In section 77(1A) (rules about appeals from district judges)—

(a)omit “under section 75”,

(b)for “district judge, assistant district judge or deputy district judge” substitute “judge of the county court”, and

(32)In section 82 (decision of Court of Appeal on probate appeals is final) for “probate proceedings” substitute “proceedings in respect of any contentious matter arising with any grant, or revocation, of probate or administration that under section 105 of the Senior Courts Act 1981 has been applied for through the principal registry of the Family Division or a district probate registry”.